Eddie Tran v City of Canada Bay Council [2017] NSWLEC 1264

Land and Environment Court New South Wales

Medium Neutral Citation: Eddie Tran v City of Canada Bay Council [2017] NSWLEC 1264 Hearing dates: Conciliation conference on 27 April 2017 Date of orders: 26 May 2017 Decision date: 26 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: Eddie Tran (Applicant) Canada Bay City Council (Respondent) Representation: Solicitor: Mr G Christmas, Apex Planning & Environment Law (Applicant) Mr P Jackson, Pikes Lawyers (Respondent) File Number(s): 2016/376840 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 Site Plan A0.00 Aplus Design Group 11 22 May 2017 Basement A1.00 Aplus Design Group 11 22 May 2017 Ground Floor A1.01 Aplus Design Group 11 22 May 2017 Level 1 A1.02 Aplus Design Group 11 22 May 2017 Level 2 A1.03 Aplus Design Group 11 22 May 2017 Roof Plan A1.04 Aplus Design Group 11 22 May 2017 South Elevation A2.01 Aplus Design Group 9 22 May 2017 North Elevation A2.02 Aplus Design Group 9 22 May 2017 East and West Elevations A2.03 Aplus Design Group 9 22 May 2017 Streetscape Elevations A2.04 Aplus Design Group 10 22 May 2017 Section AA A3.01 Aplus Design Group 9 22 May 2017 Section BB A3.03 Aplus Design Group 6 22 May 2017 Landscape Plan Drawing 893 L-01 C Site Design + Studios C 3 May 2017 Landscape Plan Drawing 893 L-02 Site Design + Studios C 3 May 2017 Stormwater Drainage Plans marked Project No. 16007, Drawings Nos. C1.01, C2.02, C4.01, C2.01, C3.01, C3.02, C4.02 and C5.01 Rafeletos Zanuttini Consulting Engineers A, D, E 23.06.2011 24.11.2016 BASIX Certificate and Thermal Comfort & Basix Report Efficient Living - 18 May 2017