Land and Environment Court New South Wales Medium Neutral Citation: KWH Developments Pty Ltd v Parramatta City Council [2017] NSWLEC 1000 Hearing dates: Conciliation conference on 30 September, 24 October, 29 November, 6 December 2016 Date of orders: 03 January 2017 Decision date: 03 January 2017 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: KWH Developments Pty Ltd (Applicant) Parramatta City Council (Respondent) Representation: Solicitors: Mr J McKee McKees Legal Solutions (Applicant) Ms K Morton Sparke Helmore Lawyers(Respondent) File Number(s): 188219/2016 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 granted leave to rely upon amended plans referred to in Condition 1 of the attached conditions annexed hereto at 'A'. 2. The Applicant is to pay the Respondent's costs 'thrown away' in a sum as agreed or assessed pursuant to s97B of the Environmental Planning and Assessment Act 1979. 3. The appeal is upheld. 4. Development Application No. DA366/2016HB which was refused by the Respondent on 24 December 2015 for the demolition of existing structures, consolidation of two lots and construction of a multi-dwelling housing development containing 12 x 3 bedroom dwellings and basement car parking in accordance with the State Environmental Planning Policy (Affordable Rental Housing) 2009 is approved subject to the conditions contained in Annexure "A" hereto. ……………. Sue Morris Commissioner 188219.2016 (C Annexure A) (310 KB, pdf) 188219.16 Morris - Plans (9.69 MB, 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: 05 January 2017