Pitt 88 Pty Ltd v Cumberland Council

[2017] NSWLEC 1242

Land and Environment Court

New South Wales

Medium Neutral Citation:	Pitt 88 Pty Ltd v Cumberland Council [2017] NSWLEC 1242
Hearing dates:	21 April 2017
Date of orders:	15 May 2017
Decision date:	15 May 2017
Jurisdiction:	Class 1
Before:	Dixon 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:	Pitt 88 Pty Ltd (Applicant) Cumberland Council (Respondent)
Representation:	Solicitors: M Hawley, Lindsay Taylor Lawyers (Applicant) A Seton, Marsdens (Respondent)
File Number(s):	2016/385694
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 to substitute the following plans for the plans and documents that are the subject of Modification Application No. DA2014/86/4:

Drawing No.	Name	Revision	Drawn By	Date
0002	Site and Demolition Plan	L	Aland	27 April 2017
1001	Basement 3 Plan	L	Aland	27 April 2017
1002	Basement 2 Plan	L	Aland	27 April 2017
1003	Basement 1 Plan	L	Aland	27 April 2017
1004	Ground Floor Plan	L	Aland	27 April 2017
1005	Level 1 and 2 Floors	L	Aland	27 April 2017
1006	Level 3	L	Aland	27 April 2017
1007	Level 4 to 7 Floor Plan	L	Aland	27 April 2017
1008	Roof Plan	L	Aland	27 April 2017
2001	Section A	L	Aland	27 April 2017
3001	North Elevation	L	Aland	27 April 2017
3002	West & East Elevations	L	Aland	27 April 2017
3003	South Elevation	L	Aland	27 April 2017
2013-04	GFA Calculations	L	Aland	27 April 2017
Supplementary Statement of Environmental Effects		DMPS	28 April 2017
Apartment Design Guide Compliance Table		DMPS	28 April 2017
Waste Management Plan		27 April 2017
Basix Certificate No. 529693M_12				27 April 2017

2. The appeal is upheld.

3. Modification Application No. DA2014/86/4 to modify Development Consent No. DA2014/86/1 by changing the use of level 3 of the approved development from offices to residential accommodation resulting in the construction of an 8 storey mixed use development comprising 3 ground floor commercial tenancies, 2 levels of offices and 5 levels of residential accommodation containing 50 units over 3 levels of basement car parking containing 97 car parking spaces at Lot 3, DP 712016, known as 180-182 Pitt Street, Holroyd is determined by approving the modification as set out in Annexure “A”.

4. As a consequence of order 3, Development Consent No. DA2014/86/1 is subject to the consolidated, modified conditions of consent as set out in Annexure “B”.

…………….

Susan Dixon

Commissioner of the Court

385694.16 Annexure A (C) (25.2 KB, pdf)

385694.16 Annexure B (C) (242 KB, pdf)

385694.16 Plans (16.1 MB, pdf)

Decision last updated: 15 May 2017