Land and Environment Court New South Wales Medium Neutral Citation: Pan v Canterbury Bankstown Council [2016] NSWLEC 1515 Hearing dates: Conciliation conference on 9 June, 12 July, 8 August, 10 & 28 October 2016 Date of orders: 31 October 2016 Decision date: 31 October 2016 Jurisdiction: Class 1 Before: Morris 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: Shuhui Pan (Applicant) Canterbury Bankstown Council (Respondent) Representation: Solicitors: Mr V Conomos Conomos Legal (Applicant) Ms P Hudson Marsdens Law Group (Respondent) File Number(s): 155256/2016 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 and documents as the plans and documents relied upon for the purpose of the development application: Drawing No. Drawing Title Prepared by Revision Dated A 0020 Unit Schedule Ghazi Al Ali Architect D 04/08/2016 A 1000 Site Analysis Ghazi Al Ali Architect C 21/06/2016 A 1010 Site Plan Ghazi Al Ali Architect C 21/06/2016 A 1050 GFA Calculation Ghazi Al Ali Architect I 04/08/2016 A 1051 Solar Access Study Ghazi Al Ali Architect I 04/08/2016 A 1052 Cross-Ventilation Study Ghazi Al Ali Architect I 04/08/2016 A 1053 Affordable Housing Ghazi Al Ali Architect F 04/07/2016 A 1054 Landscape Ghazi Al Ali Architect D 04/07/2016 A 1055 Storage Diagram Ghazi Al Ali Architect D 04/07/2016 A 1056 Solar Access Study to Communal Open Space Ghazi Al Ali Architect A 04/07/2016 A 1101 Demolition Plan Ghazi Al Ali Architect B 21/06/2016 A 1102 Streetscape Analysis Ghazi Al Ali Architect K 15/08/2016 A 1200 Basement 01 Ghazi Al Ali Architect I 04/07/2016 A 1201 Ground Floor Plan Ghazi Al Ali Architect K 15/08/2016 A 1202 Level 01 Ghazi Al Ali Architect I 04/07/2016 A 1203 Level 02 Ghazi Al Ali Architect K 15/08/2016 A 1204 Level 03 Ghazi Al Ali Architect K 15/08/2016 A 1205 Roof Plan Ghazi Al Ali Architect K 15/08/2016 A 1300 Shadow Diagram 9.00AM to 11.00AM – 21 June Winter Solstice Ghazi Al Ali Architect G 04/07/2016 A 1301 Shadow Diagram 12.00PM to 2.00PM – 21 June Winter Solstice Ghazi Al Ali Architect G 04/07/2016 A 1302 Shadow Diagram 15.00PM – 21 June Winter Solstice Ghazi Al Ali Architect G 04/07/2016 A 1303 Shadow Diagram Analysis Ghazi Al Ali Architect G 04/07/2016 A 1304 Shadow Diagram Analysis in 3D – 27-29 Perry Street, Campsie Ghazi Al Ali Architect C 04/07/2016 A 1305 Shadow Diagram Analysis in 3D – 33 Perry Street, Campsie Ghazi Al Ali Architect C 04/07/2016 A 1306 Shadow Diagram Analysis in 3D – 21 June Winter Solstice Ghazi Al Ali Architect E 15/08/2016 A 1306(1) Shadow Diagram Analysis in 3D – 21 June Winter Solstice Ghazi Al Ali Architect C 15/08/2016 A 1307 Shadow Diagram Analysis in 3D – Shadow to 27-29 Perry Street Ghazi Al Ali Architect C 15/08/2016 A 1308 Shadow Diagram Analysis in 3D – Shadow to 33 Perry Street, Campsie Ghazi Al Ali Architect C 15/08/2016 A 1400 Elevations Ghazi Al Ali Architect K 15/08/2016 A 1401 Elevations Ghazi Al Ali Architect K 15/08/2016 A 1500 Sections Ghazi Al Ali Architect K 15/08/2016 A1600 Material Schedule Ghazi Al Ali Architect K 15/08/2016 A1601 Material Schedule Ghazi Al Ali Architect K 15/08/2016 A 2000 Perspectives Ghazi Al Ali Architect A 04/07/2016 Document Prepared by Dated Amended Statement of Environmental Effects Willana Associates August 2016 BCA & Access Compliance Assessment Report Certified Building Specialists 15 August 2016 SEPP 65 Design Verification Statement Ghazi Al Ali Architect Undated BASIX Certificate No. 598469M_05 14 August 2016 1. The Applicant is to pay those costs of the Respondent thrown away as a result of amending the development application pursuant to section 97B(2) of the Environmental Planning and Assessment Act 1979 as agreed or assessed. 2. The appeal is upheld. 3. Development consent is granted to Development Application No. DA 617/2014 for demolition of existing structures and construction of a 3 storey plus attic residential flat building containing 11 apartments (1 studio, 2x 1 bedrooms, 1x 1 bedroom plus study, 5x 2 bedrooms, 2x 3 bedrooms), over basement car parking containing 10 parking spaces on the land known as 31-31A Perry Street, Campsie subject to the conditions of consent annexed hereto and marked "A". ……………. Sue Morris Commissioner 155256.16 - Annexure A (97.3 KB, pdf) DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 04 November 2016