Sheffield Group NSW P/L v Cumberland Council

[2018] NSWLEC 1523

Land and Environment Court

New South Wales

Medium Neutral Citation:	Sheffield Group NSW P/L v Cumberland Council [2018] NSWLEC 1523
Hearing dates:	Conciliation conference on 5 and 19 September 2018
Date of orders:	04 October 2018
Decision date:	04 October 2018
Jurisdiction:	Class 1
Before:	Gray C
Decision:	See [5] below
Catchwords:	DEVELOPMENT APPLICATION – residential flat building - conciliation conference - agreement between the parties - orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Sheffield Group NSW P/L (Applicant) Cumberland Council (Respondent)
Representation:	Solicitors: V Conomos, Conomos Legal (Applicant) J McCullen, Marsdens Law Group (Respondent)
File Number(s):	2018/88869
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal by Sheffield Group NSW P/L against the actual refusal by Cumberland Council of development application DA-2016/526/1. The application the subject of the appeal sought the demolition of existing structures, and the construction of a part 4, part 5 storey residential flat building comprising 12 units above 2 levels of basement parking accommodating 11 carparking spaces at 40 Sheffield Street, Merrylands (Lot 38 DP 947723).

2. 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”.

3. 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.

4. 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.

5. The final orders to give effect to the parties’ agreement under s 34(3) of the Land and Environment Court Act 1979 are:

1. The Applicant is granted leave to amend the development application and rely upon the following plans in the proceedings:

1. Architectural Plans prepared by Ghazi Al Ali Architects, Job No. 38.16, Drawing Nos. A1110, Issue E, dated 22 August 2018, A1201, A1202, A1203, A1204, A1301, A1302, A1401, A1402, A1403, A2201 and A2202, Issue F, dated 6 September 2018;

2. Landscape Plan prepared by Conzept Landscape Architects, Drawing Nos. LPS34 17-107, Page No. 1 and 2, Issue J, dated 26 September 2018;

3. Stormwater plans prepared by SGC, Job No. 20160279, Drawing Nos. SW01 to SW05, Issue B, dated 25 September 2018, (OSD Plan 2016-339)

2. The appeal is upheld.

3. Development Application DA-2016/526/1 (as amended) for the demolition of existing structures; construction of a 4 storey residential flat building comprising 10 units above 2 levels of basement parking accommodating 11 car parking spaces under State Environmental Planning Policy (Affordable Rental Housing) 2009 on the land known as Lot 38 DP 947723, 40 Sheffield Street, Merrylands is approved subject to the conditions in Annexure “A”.

……………………….

Commissioner Gray

Annexure A (442 KB, pdf)

Plans (13.4 MB, pdf)