Peter Koon Liau v City of Parramatta Council

[2018] NSWLEC 1034

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Peter Koon Liau v City of Parramatta Council [2018] NSWLEC 1034
Hearing dates:	Conciliation conference on 30 January 2018
Date of orders:	31 January 2018
Decision date:	31 January 2018
Jurisdiction:	Class 1
Before:	Smithson C
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Peter Koon Liau (Applicant) City of Parramatta Council (Respondent)
Representation:	Solicitor: Mr S Griffiths, Bartier Perry (Applicant) Mr A Seton, Marsdens Law Group (Respondent)
File Number(s):	2017/242475
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. The appeal is upheld.

2. Applicant is granted leave to amend Development Application No. DA/877/2016 and to rely upon the following amended plans and documents, copies of which are behind Annexure “A”:

Plan Reference	Drawn By	Dated
D01 – Site Plan, Rev K	Charleston Homes	13 December 2017
D02A – Ground Floor Plan, Rev K	Charleston Homes	13 December 2017
D02B – Granny Flat, Rev K	Charleston Homes	13 December 2017
D02C – First Floor Plan, Rev K	Charleston Homes	13 December 2017
D02D – Roof Plan, Rev K	Charleston Homes	13 December 2017
D03A – Elevation 1 & 2, Rev K	Charleston Homes	13 December 2017
D03B – Elevation 3 & 4,Rev K	Charleston Homes	13 December 2017
D04 – Section A & B & C, Rev K	Charleston Homes	13 December 2017
D05 – BASIX, Rev K	Charleston Homes	13 December 2017
D06A – Sediment Control Plan, Rev K	Charleston Homes	13 December 2017
D06B – Site Analysis Plan, Rev K	Charleston Homes	13 December 2017
D06C – Shadow Analysis (21/6 – 9AM), Rev K	Charleston Homes	13 December 2017
D06D – Shadow Analysis (21/6 – 12PM), Rev K	Charleston Homes	13 December 2017
D06E – Shadow Analysis (21/6 – 3PM), Rev K	Charleston Homes	13 December 2017
L-01 – Landscape Plan, Rev E	Eco Design	14 December 2017

3. Development Application No. DA/877/2016 (as amended) for the construction of a two-storey dwelling and single-storey secondary dwelling and associated works on Lot 102 in Deposited Plan 880675 (otherwise known as 72A Murray Farm Road, Carlingford), be approved subject to the conditions which are behind Annexure “B”.

…………………………….…….

Commissioner Jenny Smithson

Amendments

31 January 2018 - Amendment to legal representative.