Land and Environment Court New South Wales Medium Neutral Citation: City Projects and Developments Pty Ltd v Canterbury-Bankstown Council [2017] NSWLEC 1568 Hearing dates: Conciliation conference on 21 August and 12 September 2017 Date of orders: 09 October 2017 Decision date: 09 October 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 Category: Principal judgment Parties: City Projects and Developments Pty Ltd (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Solicitors: Mr G Christmas, Apex Planning and Environment Law (Applicant) Mr A Seton, Marsdens Law Group(Respondent) File Number(s): 2017/119765 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-406/2016 and to rely upon the following amended plans and documents: Drawing Number Drawing Title Revision Prepared By Dated A-012 Site Plan C City Projects & Developments Pty Ltd 28.08.2017 A-102 Basement 2 Plan D City Projects & Developments Pty Ltd 28.08.2017 A-103 Basement 1 Plan D City Projects & Developments Pty Ltd 28.08.2017 A-104 Ground Level Plan F City Projects & Developments Pty Ltd 14.09.2017 A-107 Level 3 Plan D City Projects & Developments Pty Ltd 25.08.2017 A-108 Level 4 Plan D City Projects & Developments Pty Ltd 25.08.2017 A-110 Roof Plan D City Projects & Developments Pty Ltd 25.08.2017 A-201 North Elevation D City Projects & Developments Pty Ltd 28.08.2017 A-202 West Elevation D City Projects & Developments Pty Ltd 28.08.2017 A-203 South Elevation D City Projects & Developments Pty Ltd 28.08.2017 A-204 East Elevation D City Projects & Developments Pty Ltd 28.08.2017 A-251 Section A D City Projects & Developments Pty Ltd 28.08.2017 A-252 Section B D City Projects & Developments Pty Ltd 28.08.2017 A-253 Ramp Section C D City Projects & Developments Pty Ltd 28.08.2017 A-302 Adaptable Units Plan C City Projects & Developments Pty Ltd 28.08.2017 A-410 Communal Space Diagram - 1 A City Projects & Developments Pty Ltd 07.08.2017 A-411 Communal Space Diagram – 2 B City Projects & Developments Pty Ltd 28.08.2017 A-501 Finishes Schedule C City Projects & Developments Pty Ltd 28.08.2017 Doc No. Document Name Revision Prepared By Dated - Preliminary Site Investigation - STS GeoEnvironmental April 2017 SK.01 Swept Path Analysis Option 2 B99 Vehicle with modified median C TRAFFIX 13 September 2017 749723M_02 BASIX Certificate - - 15 September 2017 1. The Applicant is to pay the Respondent's costs pursuant to section 97B of the Environmental Planning and Assessment Act 1979, as agreed or assessed. 2. Development Application No. DA-406/2016 demolition of existing structures and construction of a 5 storey mixed use development containing 2 ground floor tenancies and 66 residential units over 2 levels of basement car parking on Lots 45-49 in Deposited Plan 12280, otherwise known as 1552-1560 Canterbury Road, Punchbowl, be approved subject to the conditions contained at Annexure "A". ………………………. Rosemary Martin Senior Commissioner Annexure A (C) (362 KB, 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: 03 May 2018