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 Supplementary Statement of Environmental Effects DMPS 28 April 2017 Apartment Design Guide Compliance Table DMPS 28 April 2017 Waste Management Plan 27 April 2017 Basix Certificate No. 529693M_12 27 April 2017 1. The appeal is upheld. 2. Modification Application No. DA2014/86/4 to modify Development Consent No. DA2014/86/1 by changing the use of level 3 of the approved development from offices to residential accommodation resulting in the construction of an 8 storey mixed use development comprising 3 ground floor commercial tenancies, 2 levels of offices and 5 levels of residential accommodation containing 50 units over 3 levels of basement car parking containing 97 car parking spaces at Lot 3, DP 712016, known as 180-182 Pitt Street, Holroyd is determined by approving the modification as set out in Annexure "A". 3. As a consequence of order 3, Development Consent No. DA2014/86/1 is subject to the consolidated, modified conditions of consent as set out in Annexure "B". ……………. Susan Dixon Commissioner of the Court 385694.16 Annexure A (C) (25.2 KB, pdf) 385694.16 Annexure B (C) (242 KB, pdf) 385694.16 Plans (16.1 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: 15 May 2017