Pitt 88 Pty Ltd v Cumberland Council [2017] NSWLEC 1242

Land and Environment Court New South Wales

Medium Neutral Citation: Pitt 88 Pty Ltd v Cumberland Council [2017] NSWLEC 1242 Hearing dates: 21 April 2017 Date of orders: 15 May 2017 Decision date: 15 May 2017 Jurisdiction: Class 1 Before: Dixon 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: Pitt 88 Pty Ltd (Applicant) Cumberland Council (Respondent) Representation: Solicitors: M Hawley, Lindsay Taylor Lawyers (Applicant) A Seton, Marsdens (Respondent) File Number(s): 2016/385694 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 substitute the following plans for the plans and documents that are the subject of Modification Application No. DA2014/86/4: Drawing No. Name Revision Drawn By Date 0002 Site and Demolition Plan L Aland 27 April 2017 1001 Basement 3 Plan L Aland 27 April 2017 1002 Basement 2 Plan L Aland 27 April 2017 1003 Basement 1 Plan L Aland 27 April 2017 1004 Ground Floor Plan L Aland 27 April 2017 1005 Level 1 and 2 Floors L Aland 27 April 2017 1006 Level 3 L Aland 27 April 2017 1007 Level 4 to 7 Floor Plan L Aland 27 April 2017 1008 Roof Plan L Aland 27 April 2017 2001 Section A L Aland 27 April 2017 3001 North Elevation L Aland 27 April 2017 3002 West & East Elevations L Aland 27 April 2017 3003 South Elevation L Aland 27 April 2017 2013-04 GFA Calculations L Aland 27 April 2017