Land and Environment Court New South Wales Medium Neutral Citation: Lichao Pty Ltd v City of Ryde Council [2017] NSWLEC 1119 Hearing dates: Conciliation Conference on 19 December 2016, 6 February, 14 February, 21 February and 2 March 2017 Date of orders: 07 March 2017 Decision date: 07 March 2017 Jurisdiction: Class 1 Before: Chilcott 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: Lichao Pty Ltd (Applicant) City of Ryde Council (Respondent) Representation: Vasili Conomos, Conomos Legal (Applicant) Paul Kapetas, City of Ryde Council(Respondent) File Number(s): 2016/280290 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. The Applicant is given leave to amend the development application and rely upon the following plans in the proceedings: 1. DA 2.21 Issue 3 dated 21.02.2017 2. DA 3.21 Issue 3 dated 21.02.2017 3. DA 3.22 Issue 3 dated 21.02.2017 4. DA 3.23 Issue 3 dated 21.02.2017 5. DA 3.24 Issue 3 dated 21.02.2017 6. DA 3.25 Issue 3 dated 21.02.2017 7. DA 3.26 Issue 3 dated 21.02.2017 8. DA 3.27 Issue 3 dated 21.02.2017 9. DA 3.28 Issue 3 dated 21.02.2017 10. DA 3.29 Issue 3 dated 21.02.2017 11. DA 3.30 Issue 3 dated 21.02.2017 12. DA 5.21 Issue 4 dated 21.02.2017 13. DA 5.22 Issue 3 dated 21.02.2017 14. DA 5.23 Issue 2 dated 21.02.2017 15. DA 6.21 Issue 3 dated 21.02.2017 16. DA 6.22 Issue 3 dated 21.02.2017 17. DA 6.23 Issue 3 dated 21.02.2017 18. Dwgs C1.00, C2.00, C2.01, C2.02 and C2.03 (Revision C dated 22.06.2016) and Dwgs C3.00 and C.301 (Revision B dated 22.06.2016). 19. VG-DA-L1 Landscape plan dated July 2016 1. The appeal is upheld. 2. Development application DA 2016/0341 as amended by the plans referred to at direction 1 above, seeking approval for the demolition of existing structures and construction of a mixed use development incorporating 11 residential units and a ground level commercial/retail tenancy, is approved subject to the conditions in Annexure A. 3. The Applicant is to pay the Respondent's costs pursuant to Section 97B of the Environmental Planning and Assessment Act 1979 as agreed or assessed. ……………. Michael Chilcott Commissioner 280290.16 Annexure A (C) (211 KB, pdf) 280290.16 Approved Plans (3.34 MB, pdf) 280290.16 Approved Stormwater (5.22 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: 08 March 2017