Hang Ruan v Canterbury-Bankstown Council [2016] NSWLEC 1383

Land and Environment Court New South Wales

Medium Neutral Citation: Hang Ruan v Canterbury-Bankstown Council [2016] NSWLEC 1383 Hearing dates: Conciliation conference on 22 July 2016 Date of orders: 02 September 2016 Decision date: 02 September 2016 Jurisdiction: Class 1 Before: Hussey AC Decision: See (4) below Catchwords: DEVELOPMENT APPLICATION: Demolition of existing structures of construction of a multi unit development building depth. Separation, setback, access, conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: HANG RUAN (Applicant) CANTERBURY-BANKSTOWN COUNCIL (Respondent) Representation: Solicitor: Mr V Conomos, Conomos Legal (Applicant) Mr A Seton, Marsdens Law Group (Respondent) File Number(s): 2016/160474 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, 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 Applicant is given leave to amend the development application by substituting the following plans as the plans relied upon for the purpose of the development application: Drawing Title Drawing No. Revision Prepared by Dated Site/Roof Plan DA 1.01 4 JSA Studio Architects 25.07.2016 GFA Calculations DA 2.01 4 JSA Studio Architects 25.07.2016 Landscape Calculations DA 2.02 4 JSA Studio Architects 25.07.2016 Parking Floor Plan DA 3.01 5 JSA Studio Architects 25.07.2016 Ground Floor Plan DA 3.02 4 JSA Studio Architects 25.07.2016 Block A – Level 1 Floor/ Block B – Attic Floor DA 3.03 4 JSA Studio Architects 25.07.2016 Unit Type Plans - Adaptable DA 3.50 4 JSA Studio Architects 25.07.2016 Driveway Plan DA 4.00 2 JSA Studio Architects 25.07.2016 Driveway Sections DA 4.01 2 JSA Studio Architects 25.07.2016 Section 1 DA 5.01 4 JSA Studio Architects 25.07.2016 Sections 2 and 3 DA 5.02 5 JSA Studio Architects 25.07.2016 East Elevation DA 6.01 4 JSA Studio Architects 25.07.2016 West Elevation – Street Elevation DA 6.02 3 JSA Studio Architects 25.07.2016 North Elevation DA 6.03 5 JSA Studio Architects 25.07.2016 South Elevation DA 6.04 5 JSA Studio Architects 25.07.2016 Shadow Diagrams – Existing Mid Winter 21 June DA 8.00 4 JSA Studio Architects 25.07.2016 Shadow Diagrams – Proposed Mid Winter 21 June DA 8.01 4 JSA Studio Architects 25.07.2016 Views from the Sun – Proposed Mid Winter 21 June DA 8.02 5 JSA Studio Architects 25.07.2016 Views from the Sun – Proposed DA 8.03 4 JSA Studio Architects 25.07.2016 Views from the Sun – Proposed DA 8.04 4 JSA Studio Architects 25.07.2016 Elevational Shadow Diagrams 5 Defoe Street DA 8.05 1 JSA Studio Architects 19.07.2016