Gee N Gee Pty Limited v Canterbury-Bankstown Council [2017] NSWLEC 1432

Land and Environment Court New South Wales

Medium Neutral Citation: Gee N Gee Pty Limited v Canterbury-Bankstown Council [2017] NSWLEC 1432 Hearing dates: Conciliation Conference on 11 August 2017 Date of orders: 11 August 2017 Decision date: 11 August 2017 Jurisdiction: Class 1 Before: Martin SC Decision: See (4) below Catchwords: DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: Gee N Gee Pty Limited(Applicant) Canterbury-Bankstown Council (Respondent) Representation: Mr D Creais (Solicitor) (Applicant) Mr A Seton (Solicitor) (Respondent) File Number(s): 32177 of 2017 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 appeal is upheld. 2. The Applicant is granted leave to amend Development Application No.DA-256/2016 and to rely upon the following amended plans and documents, copies of which are behind Annexure "A": Drawing No. Drawing Name Prepared by Date DA000, Revision E Cover Sheet CD Architects 10 July 2017 DA100, Revision E Basement 2 Floor Plan CD Architects 10 July 2017 DA101, Revision E Basement 1 Floor Plan CD Architects 10 July 2017 DA102, Revision D Ground Floor Plan CD Architects 10 July 2017 DA103, Revision D Level 01 Floor Plan CD Architects 20 June 2017 DA104, Revision D Level 02 Floor Plan CD Architects 20 June 2017 DA105, Revision E Level 03 Floor Plan CD Architects 10 July 2017 DA106, Revision E Level 04 Floor Plan CD Architects 10 July 2017 DA107, Revision E Level 05 Floor Plan CD Architects 10 July 2017 DA108, Revision E Rooftop Floor Plan CD Architects 10 July 2017 DA200, Revision D East & West Elevations CD Architects 10 July 2017 DA201, Revision D North & South Elevations CD Architects 20 June 2017 DA300, Revision D Section A CD Architects 10 July 2017 DA301, Revision D Section B CD Architects 10 July 2017 DA302, Revision E Section C CD Architects 10 July 2017 DA310, Revision D Ramp Section CD Architects 10 July 2017 DA708, Revision B Detailed Section Adjoining Building Interface (Sheet 1) CD Architects 10 July 2017 DA709, Revision B Detailed Section Adjoining Building Interface (Sheet 2) CD Architects 10 July 2017 DA900, Revision B Typical Floor to Floor Details Section – 3.0m – 150mm Slab CD Architects 10 July 2017