Bina Pty Ltd v City of Parramatta Council [2017] NSWLEC 1635

Land and Environment Court New South Wales

Medium Neutral Citation: Bina Pty Ltd v City of Parramatta Council [2017] NSWLEC 1635 Hearing dates: Conciliation conference on 10 November 2017 Date of orders: 10 November 2017 Decision date: 10 November 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: Bina Pty Ltd (Applicant) City of Parramatta Council (Respondent) Representation: Solicitor: Mr P Saab, Macquarie Lawyers (Applicant) Mr C Campbell, Sparke Helmore (Respondent) File Number(s): 2017/145227 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 Applicant is given leave to amend the development application by substituting the following plans and documentation as the plans and documentation relied upon for the purpose of the development application: Drawing No. Prepared By Dated Site Analysis, Drawing No. DA01, Issue D. Architex 21 September 2016 Site Details & Waste Management Details, Drawing No. DA14, Issue M. Architex 13 October 2017 Roof Level Plan, Drawing No. DA08, Issue L. Architex 12 October 2017 West, East and North Elevation, Drawing No. DA09, Issue L. Architex 12 October 2017 South Elevation, Drawing No. DA10, Issue L. Architex 12 October 2017 Basement 1 Floor Plan, Drawing No. DA02, Issue L. Architex 12 October 2017 Basement 2 Floor Plan, Drawing No. DA03, Issue L. Architex 12 October 2017 Ground Floor Plan, Drawing No.DA04, Issue L. Architex 12 October 2017 Level 1 and 2 Floor Plans, Drawing No.DA05, Issue L. Architex 12 October 2017 Level 3 and 4 Floor Plans, Drawing No.DA06, Issue L. Architex 12 October 2017 Level 5 Floor Plans, Drawing No.DA07, Issue L. Architex 12 October 2017 Sections AA, Drawing No.11, Issue D. Architex 12 October 2017 Typical Unit Layouts, Drawing No. DA12, Issue M. Architex 13 October 2017 Post Adaptable Layout, Drawing No. DA13, Issue M. Architex 13 October 2017 Ground Floor Stormwater Drainage Plan, Drawing No. D04, issue F. ACE 9 October 2017 Basement 2 Stormwater Drainage Plan and Details, Drawing No. D02, issue C. ACE 9 October 2017 Basement 1 Stormwater Drainage Plan and Details, Drawing No. D03, issue C. ACE 9 October 2017 Stormwater Drainage Sections and Details, Drawing No. D10, Revision F. ACE 9 October 2016 Landscape Plan, Drawing No. L-01, issue D. Landscape Architects 6 November 2017 Landscape Plan, Drawing No. L-02, issue D Landscape Architects 6 November 2017 Erosion and Sediment Control Plan and Details, Drawing No. D01, Revision A. ACE 17 December 2015 Swept Paths (4 pages) Bitzios 11 October 2017