Land and Environment Court New South Wales Medium Neutral Citation: Fernside Developments Pty Ltd v Canterbury-Bankstown Council [2018] NSWLEC 1088 Hearing dates: Conciliation conference on 24 November 2017, 4 December 2017, 14 December 2018 and 20 December 2018 Date of orders: 26 February 2018 Decision date: 26 February 2018 Jurisdiction: Class 1 Before: Brown 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: Fernside Developments Pty (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Solicitor: Grant Christmas, Apex Planning and Environmental Law (Applicant) Jisella Corradini-Bird, Marsdens Law Group (Respondent) File Number(s): 2017/214615 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. Leave is granted to the Applicant to rely on the following amended set of plans: Drawing Number Drawing Title Revision Prepared by Dated A201 Roof/Site Plan B Mackenzie Architects International 07/12/17 A202 Basement 02 B Mackenzie Architects International 07/12/17 A203 Basement 01 B Mackenzie Architects International 07/12/17 A204 Stormwater transfer C Mackenzie Architects International 07/12/17 A205 Ground Floor Plan C Mackenzie Architects International 07/12/17 A206 First Floor Plan B Mackenzie Architects International 07/12/17 A207 Second Floor Plan B Mackenzie Architects International 07/12/17 A208 Third Floor Plan B Mackenzie Architects International 07/12/17 A301 Elevations C Mackenzie Architects International undated A401 Section A + B B Mackenzie Architects International 07/12/17 A402 Section C + D B Mackenzie Architects International 07/12/17 A506 Pre + Post Adaptable Units B Mackenzie Architects International 07/12/17 A507 Finishes Schedule B Mackenzie Architects International 07/12/17 1. Pursuant to section 97B of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs as agreed or as assessed. 2. The appeal is upheld. 3. Development consent is granted to DA-516/2015 to the demolition of existing structures and construction of two, four storey residential flat buildings providing a total of 92 apartments with associated landscaping, basement car parking and strata subdivision at 2-12 Harp Street and 1-5 Alfred Street, Clemton Park subject to the conditions at Annexure "A". ………………………. Graham Brown Commissioner of the Court Annexure A (147 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: 27 February 2018