Land and Environment Court New South Wales Medium Neutral Citation: Cash Warwick Pty Ltd v Georges River Council [2017] NSWLEC 1181 Hearing dates: Conciliation Conference on 6 April 2017 Date of orders: 06 April 2017 Decision date: 06 April 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: Cash Warwick Pty Ltd (Applicant) Georges River Council (Respondent) Representation: M Sonter, Mills Oakley (Applicant) M Cottom, HWL Ebsworth Lawyers (Respondent) File Number(s): 2016/380571 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 granted leave to rely on the following amended plans: Architectural plans prepared by Dickson Rothschild - Project No 15-084 1. DA-002 - Summary Sheet (Revision 7, dated 20 March 2017) 2. DA-103 - Site Plan (Revision 5, dated 7 March 2017) 3. DA-200 - Basement 3 (Revision 2, dated 20 March 2017) 4. DA-201 - Basement 2 (Revision 6, dated 7 March 2017) 5. DA-202 - Basement 1 / Ground Floor - Bldg B (Revision 7, dated 20 March 2017) 6. DA-203 - Ground Floor - Bldg A / Level 1 - Bldg B (Revision 7, dated 20 March 2017) 7. DA-204 - Level 1-2 - Bldg A / Level 2-3 - Bldg B (Revision 5, dated 1 February 2017) 8. DA-205 - Level 3 - Bldg A / Level4 - Bldg B (Revision 4, dated 1 February 2017) 9. DA-206 - Level 4-6 - Bldg A / Level 5 Bldg B (Revision 6, dated 7 March 2017) 10. DA-207 - Level 7 - Roof Garden - Bldg A (Revision 7, dated 20 March 2017) 11. DA-208 - Roof - Bldg A (Revision 7, dated 20 March 2017) 12. DA-301 - Section A-A (Revision 6, dated 7 March 2017) 13. DA-302 - Section B-B (Revision 6, dated 20 March 2017) 14. DA-401 - North Elevation (Revision 5, dated 7 March 2017) 15. DA-402 - South Elevation (Revision 5, dated 7 March 2017) 16. DA-403 - East Elevation (Revision 5, dated 7 March 2017) 17. DA-404 - Inner East Elevation (Revision 5, dated 7 March 2017) 18. DA-405 - West Elevation (Revision 6, dated 20 March 2017) 19. DA-703 - Common Space Diagrams (Revision 6, dated 20 March 2017) 20. DA-704 - Deep Soil Diagram (Revision 6, dated 20 March 2017) 21. DA-705 - Ramp Details (Revision 6, dated 20 March 2017) 22. DA-706 - Tree Location Diagram (Revision 3, dated 1 February 2017) 23. DA-707 - Demolition Plan (Revision 3, dated 1 February 2017) 24. DA-708 - Amalgamation Plan (Revision 3, dated 1 February 2017) 25. DA-721 - Waste Management Details (Revision 2, dated 1 February 2017) 26. DA-731 - C.O.S. - Core Detail (Revision 2, dated 20 March 2017) 27. DA-750 - Adaptable Unit - Type 1 (Revision 3, dated 1 February 2017) 28. DA-751 - Adaptable Unit - Type 2 (Revision 3, dated 1 February 2017) 29. DA-752 - Adaptable Unit - Type 3 (Revision 3, dated 1 February 2017) 30. DA-901 - Materials & Finishes (Revision 4, dated 1 February 2017) Landscape plans prepared by TaylorBrammer - Project No 15-098W - dated 6 March 2017 1. LC01 - Landscape Concept Plan - Ground Floor and Level 1 (Revision C) 2. LC02 - Landscape Concept Plan - Rooftop Gardens (Revision C). 1. The applicant is to pay those costs of the respondent that are thrown away as a result of amending the development application, as agreed or assessed. 2. The appeal is upheld. 3. Development Application DA99/2016 for consent to carry out the demolition of all dwellings, construction of 1 x 7-storey and 1 x 5-storey residential flat buildings (67 units in total), basement parking and strata subdivision on Lots 45, 46, 47, 48 and 49 in DP 1999 known as 832-836 King Georges Road and 51 Connells Point Road, South Hurstville is determined by the granting of consent subject to the conditions in Annexure "A". ……………. Michael Chilcott Commissioner of the Court 380571.16 Annexure A (C) (180 KB, pdf) 380571.16 Plans (18.9 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: 07 April 2017