Urban Link Pty Ltd v Georges River Council

[2018] NSWLEC 1317

Land and Environment Court

New South Wales

Medium Neutral Citation:	Urban Link Pty Ltd v Georges River Council [2018] NSWLEC 1317
Hearing dates:	Conciliation conference on 16 May 2018; 8, 22 June 2018
Date of orders:	27 June 2018
Decision date:	27 June 2018
Jurisdiction:	Class 1
Before:	Dickson C
Decision:	See [5] below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Urban Link Pty Ltd (Applicant) Georges River Council (Respondent)
Representation:	Solicitors: C Gough, Storey & Gough Lawyers (Applicant) J Ware, Georges River Council (Respondent)
File Number(s):	2017/351493
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal by Urban Link Pty Ltd against the refusal by Georges River Council of DA 8/2017 for the demolition of existing buildings and construction of a four-storey residential flat building with 13 Units and basement parking at 849 King Georges Road, South Hurstville (Lot 17 DP/ 262438).

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 to rely upon the following plans:

Reference No.	Date	Description	Revision	Prepared by
DA01	4 Jun 18	Coverpage	E	Urbanlink
DA02	8 Jun 18	Site Plan	E	Urbanlink
DA03	4 Jun 18	Site Analysis	E	Urbanlink
DA04	4 Jun 18	Basement	E	Urbanlink
DA05	4 Jun 18	Ground Level	E	Urbanlink
DA06	4 Jun 18	Levels 1-2 & 3	E	Urbanlink
DA07	4 Jun 18	Sections	E	Urbanlink
DA08	4 Jun 18	North & East Elevations	E	Urbanlink
DA09	4 Jun 18	South & West Elevations	E	Urbanlink
DA10	4 Jun 18	GFA/FSR Calculations	E	Urbanlink
DA11	4 Jun 18	Shadow Studies (June 21st)	E	Urbanlink
DA12	4 Jun 18	Shadow Studies (Sep 22nd)	E	Urbanlink
DA13	4 Jun 18	Solar Studies	E	Urbanlink
DA14	4 Jun 18	Finishes Schedule	E	Urbanlink
DA15	4 Jun 18	Perspectives Drawing	E	Urbanlink
LA-01	28 May 18	Landscape plan ground floor	C	Susan Stratton
LA-02	28 May 18	Landscape plan – level 3	B	Susan Stratton

2. The Applicant is to pay those costs of the Respondent thrown away pursuant to section 8.15(3) of the Environmental Planning & Assessment Act 1979, as a result of amending the development application in accordance with Order (1) in the sum of $12,000.00 within 28 days.

3. The Appeal is upheld.

4. Development Application No. 8/2017 for the demolition of existing buildings and construction of a four-storey residential flat building with 13 Units and basement parking situated at 849 King Georges Road, South Hurstville is approved subject to the conditions in Annexure “A”.

……………………….

D M Dickson

Commissioner of the Court

Annexure A (489 KB, pdf)

Plans (18.3 MB, pdf)