Land and Environment Court New South Wales Medium Neutral Citation: Mackenzie Architects International Pty Ltd v Canterbury- Bankstown Council [2017] NSWLEC 1084 Hearing dates: Conciliation conference on 20 December 2016, 24 January 2017 Date of orders: 22 February 2017 Decision date: 22 February 2017 Jurisdiction: Class 1 Before: Martin SC 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: Mackenzie Architects International Pty Ltd (Applicant) Canterbury- Bankstown Council (Respondent) Representation: Grant Christmas, Apex Law (Applicant) Peter Jackson, Pikes & Verekers Lawyers (Respondent) File Number(s): 2016/280363 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. Leave is granted to the Applicant to rely on the following amended plans: Drawing No. Prepared by Issue Date Cover Sheet 100 Mackenzie Architects K 30/01/2017 Site & Roof 101 Mackenzie Architects K 30/01/2017 Basement 102 Mackenzie Architects K 30/01/2017 Ground Floor 103 Mackenzie Architects K 30/01/2017 First Floor 104 Mackenzie Architects K 30/01/2017 Second & Third Floors 105 Mackenzie Architects K 30/01/2017 Elevations North & West 201 Mackenzie Architects K 30/01/2017 Elevations South & East 202 Mackenzie Architects K 30/01/2017 Sections 301 Mackenzie Architects K 30/01/2017 Landscape Plan L01/1-K20118 Michael Siu C 01/02/2017 1. Pursuant to section 97B of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs as agreed or as assessed. 2. The appeal is upheld. 3. Development consent is granted to DA408/2015 for the construction of a residential flat building comprising three x one bedroom and nine x two bedroom units with basement parking for nine vehicles on the land known as 89 Claremont Street and 2A Thorncraft Parade Campsie subject to the conditions at Annexure "A". ……………. Rosemary Martin Senior Commissioner 280363.16 Annexure A (C) (67.1 KB, pdf) 280363.16 Plans (7.20 MB, pdf) Amendments 24 February 2017 - 'Before' changed to Martin SC 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: 24 February 2017