West Ryde Child Care Pty Ltd v City of Ryde Council

[2017] NSWLEC 1488

Land and Environment Court

New South Wales

Medium Neutral Citation:	West Ryde Child Care Pty Ltd v City of Ryde Council [2017] NSWLEC 1488
Hearing dates:	Conciliation conference on 18 July 2017
Date of orders:	05 September 2017
Decision date:	05 September 2017
Jurisdiction:	Class 1
Before:	Chilcott 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:	West Ryde Child Care Pty Ltd (Applicant) City of Ryde Council (Respondent)
Representation:	Solicitors: Ms E Flemming, Swaab Attorneys (Applicant) Mr B Stephen, City of Ryde Council (Respondent) Counsel: Mr M Staunton (Applicant)
File Number(s):	2017/75104
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. The Applicant is granted leave to amend the development application and to rely upon the following amended material:

Drawing reference	Title	Prepared by	Date
DA000 (Revision 8)	Cover Sheet	D-Arc	21 August 2017
DA001 (Revision 6)	Floor Space Ratio Calculation	D-Arc	21 August 2017
DA010 (Revision 7)	Existing Conditions / Demolition	D-Arc	01 August 2017
DA011 (Revision 8)	Proposed Site Plan	D-Arc	21 August 2017
DA040 (Revision 6)	Shadow Diagrams	D-Arc	01 August 2017
DA041 (Revision 1)	Shadow Diagrams – With Lot 29-33 Envelope	D-Arc	01 August 2017
DA042 (Revision 3)	Sun View Diagrams	D-Arc	21 August 2017
DA051 (Revision 7)	Existing Conditions and Demolition Plan – Ground Floor	D-Arc	01 August 2017
DA052 (Revision 7)	Existing Conditions and Demolition Plan – Level 1	D-Arc	01 August 2017
DA070 (Revision 8)	Existing Demolition Elevations	D-Arc	21 August 2017
DA071 (Revision 7)	Existing Demolition Elevations	D-Arc	01 August 2017
DA100 (Revision 8)	Proposed Basement	D-Arc	21 August 2017
DA101 (Revision 8)	Proposed Lower Ground	D-Arc	21 August 2017
DA102 (Revision 11)	Proposed Ground Floor Plan	D-Arc	21August 2017
DA103 (Revision 10)	Proposed Level 1 Plan	D-Arc	01 August 2017
DA104 (Revision 10)	Proposed Level 2 Plan	D-Arc	01 August 2017
DA105 (Revision 10)	Proposed :Level 3 Plan	D-Arc	01 August 2017
DA400 (Revision 7)	Proposed Elevations	D-Arc	01 August 2017
DA401 (Revision 7)	Proposed Elevations	D-Arc	01 August 2017
DA420 (Revision 9)	Proposed Sections	D-Arc	21 August 2017

3. Consent is granted to Development Application No. LDA2015/0522 for the staged re-development of an existing child care centre for 200 children on Lot D DP 341133, Lot C DP 341133, Lot B 341133, Lot A DP 341133, known as 6, 6A & 8 Wattle Street and 80 Anzac Ave, West Ryde, subject to the conditions in Annexure 'A'. Stage 1 construction includes:

1. demolition of existing dwelling and construction of a part 4, part 5 storey building with basement parking on 80 Anzac Avenue and 6, 6a and 8 Wattle Street, West Ryde West Ryde; and

2. the construction of an outdoor play area above the exist park and new lift and stairs on 6, 6a and 8 Wattle Street, West Ryde.

4. Stage 2 construction includes construction of an additional 2 storeys on the existing child care centre.

……………………….

Commissioner Chilcott 

Annexure A (365 KB, pdf)