Tradelink Constructions Pty Ltd v Cumberland Council

[2018] NSWLEC 1397

Land and Environment Court

New South Wales

Medium Neutral Citation:	Tradelink Constructions Pty Ltd v Cumberland Council [2018] NSWLEC 1397
Hearing dates:	Conciliation conference on 13 July 2018
Date of orders:	02 August 2018
Decision date:	02 August 2018
Jurisdiction:	Class 1
Before:	Dickson 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:	Tradelink Constructions Pty Ltd (Applicant) Cumberland Council (Respondent)
Representation:	Solicitors: P Rigg, Peter R Rigg (Applicant) P Hudson, Marsdens Law Group (Respondent)
File Number(s):	2018/55164
Publication restriction:	Nil

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 the Applicant to amend development application DA No. 2017/510/1 by substituting the following plans for the plans that are the subject of DA 2017/510/1:

• Architectural Plans prepared by Idraft Architects, Job Number 27780, Cover Sheet (undated), Drawing No’s. 03 and 6 to 16 (inclusive), Revision B, dated 2 May 2018.

2. The appeal is upheld.

3. Development Application DA 2017/510/1 for amendments to the development approves pursuant to Development Consent No 2013/475, including changes to the floor to ceiling height of the first floor level, changes to the ground floor plan including Unit 4 to be configured as suitable as an adaptable unit and an increase in the capacity of the garbage storage area, changes to the appearance of the external façade, the addition of a fourth storey to accommodate 5 additional units, and the provision of six “affordable” units under the provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009 (to comprise a total of 22 units and 42 car parking spaces), is approved subject to the conditions of consent at Annexure ‘A’.

……………………….

D M Dickson

Commissioner of the Court

Annexure A (C)