Parker Logan Property Pty Ltd v Council of the City of Sydney

[2017] NSWLEC 1466

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Parker Logan Property Pty Ltd v Council of the City of Sydney [2017] NSWLEC 1466
Hearing dates:	Conciliation conference on 4 August 2017
Date of orders:	25 August 2017
Decision date:	25 August 2017
Jurisdiction:	Class 1
Before:	O’Neill C
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979 Environmental Planning and Assessment Act 1979
Category:	Principal judgment
Parties:	Parker Logan Pty Ltd (Applicant) Council of the City of Sydney (Respondent)
Representation:	Solicitors: Mr A Boskovitz, Boskovitz and Associates Solicitors (Applicant) Ms R Bullmore, The Council of the City of Sydney (Respondent)
File Number(s):	2017/119458
Publication restriction:	No

Judgment

1. COMMISSIONER: In this matter, at or after a conciliation conference, an agreement under s 34(3) of the Land and Environment Court Act 1979 (the Court Act) was reached between the parties as to the terms of a decision in the proceedings that was acceptable to the parties. As the presiding Commissioner, I was satisfied that the decision was one that the Court could have made in the proper exercise of its functions (this being the test applied by s 34(3) of the Court Act). As a consequence, s 34(3)(a) of the Act required me to “dispose of the proceedings in accordance with the decision”.

2. The Court Act also required me to “set out in writing the terms of the decision” (s 34(3)(b)). The orders made to give effect to the agreement constitute that document.

3. In making the orders to give effect to the agreement between the parties, I was not required to make, and have not made, any merit assessment of the issues that were originally in dispute between the parties.

4. The final orders to give effect to the parties’ agreement under s34(3) of the Land and Environment Court Act 1979 are:

1. Leave is granted for the Applicant to rely on the following amended plans:

Drawing Number	Drawing Title	Architect	Dated
S34 100 Issue A	Basement Floor Plan	NTA	09.08.17
S34 101 Issue B	Ground Floor Plan	NTA	17.08.17
S34 102 Issue A	First Floor Plan	NTA	09.08.17
S34 103 Issue A	Second Floor Plan	NTA	09.08.17
S34 104 Issue B	Third Floor Plan	NTA	17.08.17
S34 105 Issue A	Roof Plan	NTA	09.08.17
S34 200 Issue A	Elevations 1	NTA	09.08.17
S34 201 Issue A	Elevations 2	NTA	09.08.17
S34 202 Issue B	Elevations 3	NTA	17.08.17
S34 250 Issue A	Booster Detail	NTA	09.08.17
S34 251 Issue A	Egress Stair Detail	NTA	09.08.17
S34 300 Issue A	Section 1	NTA	09.08.17
S34 301 Issue A	Section 2	NTA	09.08.17
S34 500 Issue A	Draft Strata Subdivision Plan	NTA	17.08.17
14-873/1 Rev. D	Landscape Plan	Captivate Landscape Design	31/10/16
771665M_04	BASIX Certificate	23.08.17

2. The amendments to the plans listed in (a) are minor and there be no order as to costs under s97B of the Environmental Planning and Assessment Act 1979 (NSW).  

3. The appeal is upheld.

4. Development Application D/2017/280 which amends Development Consent D/2015/544 (D/2015/544 approved demolition of existing improvements and the construction of 2 x 4 storey residential flat buildings, containing a total of 24 dwellings, over a basement car parking level, and strata subdivision) to include 3 additional dwellings (being 2 x studio and 1 x 2 Bedroom dwellings), allocation of 4 dwellings as affordable housing units and dwelling layout modifications to the dwellings approved under D/2015/544.

5. Development Application D/2017/280 is approved subject to:

1. conditions contained in Annexure "A"; and

2. plans contained in Annexure “B”.

……………………….

Commissioner O’Neill

119458.17 O'Neill - Annexure A - Slip Rule (180 KB, pdf)

119458.17 O'Neill - Annexure B - Plans (7.87 MB, pdf)

Amendments

13 December 2018 - Pursuant to UCPR 36.17, the slip rule, by consent of the parties, amend orders of 25 August 2017 so that the first line of Condition (A2) of Annexure A is amended as follows:

1. The number “3” is replaced with the number “11”.
2. The word “followings” is replaced with the word “follows”.

As a result the first line of Condition (A2) of Annexure A now reads:

“(A2) That Part (a) of Condition 11 of D/2015/544 shall be replaced as follows:”