Zhang v City of Parramatta Council

[2018] NSWLEC 1357

Land and Environment Court

New South Wales

Medium Neutral Citation:	Zhang v City of Parramatta Council [2018] NSWLEC 1357
Hearing dates:	Conciliation conference on 18 April 2018
Date of orders:	11 July 2018
Decision date:	11 July 2018
Jurisdiction:	Class 1
Before:	O’Neill 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:	Shunqiong Zhang (Applicant) City of Parramatta Council (Respondent)
Representation:	Solicitors: M Zhao (Agent) (Applicant) A Gough, Storey & Gough Lawyers (Respondent)
File Number(s):	2017/354664
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 s 34(3) of the Land and Environment Court Act 1979 are:

1. The applicant is granted leave to rely on an amended application incorporating:

1. architectural plans prepared by Vigor Master Pty Ltd,:

1. dated 18 June 2018 and Drawing No. B001;

2. dated 15 May 2018 and Drawing No. B002, B003, B101, B102, B103, B104, and B201;

2. Stormwater Engineering Plans prepared by A & G Consulting Engineers Pty Ltd, dated 16 April 2018, Revision 1 and Drawing No. 18015-C01.1

3. Wet Area Waterproofing Compliance Certificate dated 15 May 2018

4. Engineering Certificate prepared by A&G Consulting Engineers Pty Ltd and dated 15 May 2018

5. Glazing Compliance Certificate dated 15 October 2017

2. The appeal is upheld.

3. The respondent is directed, pursuant to s8.25(3)(a) of the Environmental Planning and Assessment Act 1979, to issue a building information certificate in respect of the internal alterations and a front extension to the dwelling located at No. 27 Wandworth Street, Parramatta:

1. in the form as indicated in the architectural plans prepared by Vigor Master Pty Ltd:

1. dated 18 June 2018 and Drawing No. B001;

2. dated 15 May 2018 and Drawing Nos. B101 (as amended by the respondent), B102, B104 and B201, being the annexure marked “A” to this agreement; and

2. upon the satisfaction of the respondent that the works specified in Annexure “B” to this agreement are carried out in the timeframes specified in Annexure “B”.

……………………….

Susan O’Neill

Commissioner of the Court

Annexure A (1.21 MB, pdf)

Annexure B (76.1 KB, pdf)