Designcorp Architecture Pty Ltd v City of Parramatta Council [2017] NSWLEC 1692

Land and Environment Court New South Wales

Medium Neutral Citation: Designcorp Architecture Pty Ltd v City of Parramatta Council [2017] NSWLEC 1692 Hearing dates: Conciliation conference on 24 November 2017 Date of orders: 04 December 2017 Decision date: 27 November 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: Designcorp Architects Pty Ltd (Applicant) City of Parramatta Council (Respondent) Representation: Solicitor: Ms R McCulloch, Pikes & Verekers Lawyers (Applicant) Mr P Gough, Storey & Gough (Respondent) File Number(s): 2017/255679 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. Development consent is granted to development application No. DA/925/2016 for the demolition of the existing building and the construction of a three and four storey aged care centre comprising 90 residential car places and basement parking for 39 vehicles and associated facilities at 128A Alfred Street and 40-46 Alice Street, Harris Park, subject to the conditions in Annexure A hereto. ………………………. Senior Commissioner Martin Annexure A (426 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: 04 May 2018