Zinnia Group Pty Ltd v Cumberland Council [2018] NSWLEC 1049

Land and Environment Court New South Wales

Medium Neutral Citation: Zinnia Group Pty Ltd v Cumberland Council [2018] NSWLEC 1049 Hearing dates: Conciliation conference on 31 January and 5 February 2018 Date of orders: 09 February 2018 Decision date: 09 February 2018 Jurisdiction: Class 1 Before: Dickson 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: Cumberland Council (Respondent) Representation: Solicitor: Christopher Shaw, Shaw Reynolds Lawyers (Applicant) Christopher Gough, Storey & Gough Lawyers (Respondent) File Number(s): 2017/257522 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 granted 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 Plan – Drawing No A1a Nigel Merryweather - Architect 2.11.17 Ground Floor Plan – Drawing No A2d Nigel Merryweather - Architect 01.02.18 First Floor Plan – Drawing No A3a Nigel Merryweather - Architect 31.5.17 Second Floor Plan – Drawing No A4c Nigel Merryweather - Architect 30.1.18 Roof Plan – Drawing No A5a Nigel Merryweather - Architect 26.10.17 Elevations – Drawing No A6a Nigel Merryweather - Architect 26.10.17 Sections 1 – Drawing A7d Nigel Merryweather - Architect 02.02.18 Sections 2 – Drawing A8a Nigel Merryweather - Architect 26.10.17 Fences – Drawing A9 Nigel Merryweather - Architect 31.5.17 Areas – Drawing AR1a Nigel Merryweather - Architect 31.5.17 Play Areas – Drawing AR2 Nigel Merryweather - Architect 31.5.17 Signage – Drawing no SIGa Nigel Merryweather - Architect 26.10.17 Concept Drainage Plan and Details – Drawing SW1 Rev C E2 Civil and Structural Design 01.02.18 Concept Roof Plan & Details - Drawing SW2 Rev A E2 Civil and Structural Design 15.10.17 Landscape Concept Plan Drawing 17-1282/1 Rev A Captivate Landscape design 15.11.17