Ngoc Yen (Candice) Banh v City of Parramatta Council [2018] NSWLEC 1058

Land and Environment Court New South Wales

Medium Neutral Citation: Ngoc Yen (Candice) Banh v City of Parramatta Council [2018] NSWLEC 1058 Hearing dates: Conciliation conference on 13 February 2018 Date of orders: 13 February 2018 Decision date: 13 February 2018 Jurisdiction: Class 1 Before: Gray C Decision: See (5) below Catchwords: DEVELOPMENT APPLICATION – dual occupancy - conciliation conference - agreement between the parties - orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: Ngoc Yen (Candice) Banh (Applicant) City of Parramatta Council (Respondent) Representation: Solicitor: Mr Gordon Hartley, Hartley Solicitors (Applicant) Mr Ian Woodward, City of Parramatta Legal Services (Respondent) File Number(s): 2017/285506 Publication restriction: No

Judgment 1. COMMISSIONER: This is an appeal concerning a development application for the demolition of an existing structure and construction of a two storey attached dual occupancy at 313 Kissing Point Road Dundas. The application includes a stormwater management plan that is designed to be adequate to drain water from the site through an OSD and piped system in all storms up to and including a 100 year ARI storm event. 2. In this matter, at a conciliation conference conducted pursuant to s 34AA of the Land and Environment Court Act 1979 (the Court Act), an agreement under s 34(3) of 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 make, 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 under s34(3) of the Land and Environment Court Act 1979 are: 1. The Appeal is upheld; and 2. Development consent is granted to DA/559/2017 for demolition of existing single storey dwelling, tree removal and construction of a dual occupancy with Torrens Title subdivision at 313 Kissing Point Road, Dundas subject to the conditions in Annexure 'A'. ………………………. Joanne Gray Commissioner of the Court Annexure A (110 KB, pdf)