West Ryde Child Care Pty Ltd v City of Ryde Council [2017] NSWLEC 1488

Land and Environment Court New South Wales

Medium Neutral Citation: West Ryde Child Care Pty Ltd v City of Ryde Council [2017] NSWLEC 1488 Hearing dates: Conciliation conference on 18 July 2017 Date of orders: 05 September 2017 Decision date: 05 September 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: West Ryde Child Care Pty Ltd (Applicant) City of Ryde Council (Respondent) Representation: Solicitors: Ms E Flemming, Swaab Attorneys (Applicant) Mr B Stephen, City of Ryde Council (Respondent)

Counsel: Mr M Staunton (Applicant) File Number(s): 2017/75104 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 the development application and to rely upon the following amended material: Drawing reference Title Prepared by Date DA000 (Revision 8) Cover Sheet D-Arc 21 August 2017 DA001 (Revision 6) Floor Space Ratio Calculation D-Arc 21 August 2017 DA010 Existing Conditions / Demolition D-Arc 01 August 2017 (Revision 7) DA011 Proposed Site Plan D-Arc 21 August 2017 (Revision 8) DA040 Shadow Diagrams D-Arc 01 August 2017 (Revision 6) DA041 Shadow Diagrams – With Lot 29-33 Envelope D-Arc 01 August 2017 (Revision 1) DA042 Sun View Diagrams D-Arc 21 August 2017 (Revision 3) DA051 Existing Conditions and Demolition Plan – Ground Floor D-Arc 01 August 2017 (Revision 7) DA052 Existing Conditions and Demolition Plan – Level 1 D-Arc 01 August 2017 (Revision 7) DA070 Existing Demolition Elevations D-Arc 21 August 2017 (Revision 8) DA071 Existing Demolition Elevations D-Arc 01 August 2017 (Revision 7) DA100 Proposed Basement D-Arc 21 August 2017 (Revision 8) DA101 Proposed Lower Ground D-Arc 21 August 2017 (Revision 8) DA102 Proposed Ground Floor Plan D-Arc 21August 2017 (Revision 11) DA103 Proposed Level 1 Plan D-Arc 01 August 2017 (Revision 10) DA104 Proposed Level 2 Plan D-Arc 01 August 2017 (Revision 10) DA105 Proposed :Level 3 Plan D-Arc 01 August 2017 (Revision 10) DA400 Proposed Elevations D-Arc 01 August 2017 (Revision 7) DA401 Proposed Elevations D-Arc 01 August 2017 (Revision 7) DA420 Proposed Sections D-Arc 21 August 2017 (Revision 9)