Hongchen Dong v Parramatta City Council [2017] NSWLEC 1595

Land and Environment Court New South Wales

Medium Neutral Citation: Hongchen Dong v Parramatta City Council [2017] NSWLEC 1595 Hearing dates: Conciliation conference on 22 September 2017 Date of orders: 24 October 2017 Decision date: 24 October 2017 Jurisdiction: Class 1 Before: Dickson C Decision: See [5] below Catchwords: DEVELOPMENT APPEAL under s97(1) against refusal of an application for townhouse development - conciliation conference – amended design- agreement between the parties - orders Legislation Cited: Land and Environment Court Act 1979 Environmental Planning and Assessment Act 1979 Category: Principal judgment Parties: Mr Hongchen Dong (Applicant) Parramatta City Council (Respondent) Representation: Solicitors: Swabb Attorneys, (Applicant) Marsdens Law Group (Respondent) File Number(s): 2017/131307 Publication restriction: No

Judgment 1. COMMISSIONER: This is an appeal, under s97 of the Environmental Planning and Assessment Act 1979, against Council's refusal of development application number 250/2015. The application seeks approval for demolition of existing structures, construction of eight townhouses and associated basement parking. The development is proposed at Lot 482 and Lot 483 DP36692, 59-61 Moffatts Drive, Dundas Valley. 2. 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". 3. 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. 4. In making the orders to give effect to the agreement between the parties, I was not required to, and have not, made any merit assessment of the issues that were originally in dispute between the parties. 5. The final orders to give effect to the parties' agreement are: 1. the appeal is upheld; 2. the applicant is granted leave to amend the development application by relying on the following plans: Drawing N0 Dated A000 Architectural Drawing List Issue P3 prepared by Quinn Building Design 26 September 2017 A002 Schedule of Colours & Finishes Issue P4 prepared by Quinn Building Design 26 September 2017 A010 Site Analysis Plan/Demolition Plan Issue P2 prepared by Quinn Building Design 14 September 2017 A011 Site Plan Issue P6 prepared by Quinn Building Design 26 September 2017 A012 Landscape Calculation Diagram Issue P4 prepared by Quinn Building Design 14 September 2017 A014 GFA Calculation Plan Issue P5 prepared by Quinn Building Design 26 September 2017 A015 Deep Soil Area Calculation Diagram Issue P4 prepared by Quinn Building Design 14 September 2017 A100 Basement Plan Issue P5 prepared by Quinn Building Design 14 September 2017 A101 Lower Ground & Ground Floor Plan Issue P6 prepared by Quinn Building Design 26 September 2017 A102 Ground Floor & First Floor Plan Issue P6 prepared by Quinn Building Design 26 September 2017 A103 Attic Plan Issue P5 prepared by Quinn Building Design 26 September 2017 A104 Roof Plan Issue P5 prepared by Quinn Building Design 26 September 2017 A150 Adaptable Unit Detail Plans Issue P3 prepared by Quinn Building Design 14 September 2017 A200 Unit 1-3 Elevations Issue P5 prepared by Quinn Building Design 26 September 2017 A201 Unit 4-8 Elevations Issue P4 prepared by Quinn Building Design 26 September 2017 A202 Boundary Retaining Wall Elevations Issue P1 prepared by Quinn Building Design 26 September 2017 A250 Section 51-51 Issue P5 prepared by Quinn Building Design 26 September 2017 A252 Ramp Section 54-54 Issue P5 prepared by Quinn Building Design 29 September 2017