Peter Koon Liau v City of Parramatta Council [2018] NSWLEC 1034

Land and Environment Court New South Wales

Medium Neutral Citation: Peter Koon Liau v City of Parramatta Council [2018] NSWLEC 1034 Hearing dates: Conciliation conference on 30 January 2018 Date of orders: 31 January 2018 Decision date: 31 January 2018 Jurisdiction: Class 1 Before: Smithson 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: Peter Koon Liau (Applicant) City of Parramatta Council (Respondent) Representation: Solicitor: Mr S Griffiths, Bartier Perry (Applicant) Mr A Seton, Marsdens Law Group (Respondent) File Number(s): 2017/242475 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. Applicant is granted leave to amend Development Application No. DA/877/2016 and to rely upon the following amended plans and documents, copies of which are behind Annexure "A": Plan Reference Drawn By Dated D01 – Site Plan, Rev K Charleston Homes 13 December 2017 D02A – Ground Floor Plan, Rev K Charleston Homes 13 December 2017 D02B – Granny Flat, Rev K Charleston Homes 13 December 2017 D02C – First Floor Plan, Rev K Charleston Homes 13 December 2017 D02D – Roof Plan, Rev K Charleston Homes 13 December 2017 D03A – Elevation 1 & 2, Rev K Charleston Homes 13 December 2017 D03B – Elevation 3 & 4,Rev K Charleston Homes 13 December 2017 D04 – Section A & B & C, Rev K Charleston Homes 13 December 2017 D05 – BASIX, Rev K Charleston Homes 13 December 2017 D06A – Sediment Control Plan, Rev K Charleston Homes 13 December 2017 D06B – Site Analysis Plan, Rev K Charleston Homes 13 December 2017 D06C – Shadow Analysis (21/6 – 9AM), Rev K Charleston Homes 13 December 2017 D06D – Shadow Analysis (21/6 – 12PM), Rev K Charleston Homes 13 December 2017 D06E – Shadow Analysis (21/6 – 3PM), Rev K Charleston Homes 13 December 2017 L-01 – Landscape Plan, Rev E Eco Design 14 December 2017