Land and Environment Court New South Wales Medium Neutral Citation: Ng v Georges River Council [2018] NSWLEC 1286 Hearing dates: Conciliation conference on 8, 31 May 2018 Date of orders: 14 June 2018 Decision date: 14 June 2018 Jurisdiction: Class 1 Before: Dixon 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: Morgan Ng (Applicant) Georges River Council (Respondent) Representation: Solicitors: S Kondilios, Hall & Wilcox (Applicant) J Ware, Georges River Council (Respondent) File Number(s): 2017/343784 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 for the Applicant to rely on the amended plans listed in paragraph 1 of the conditions set out in Annexure A, being the plans prepared by KVMZ Architecture dated 5 June 2018 and identified as: 1. DA001 - Notes & Legends (Rev C) 2. DA002 - BASIX commitments (Rev C) 3. DA003 - Acoustic specification (Rev C) 4. DA004 - Acoustic specification (Rev C) 5. DA101 - Site analysis plan (Rev C) 6. DA102 - Site plan (Rev C) 7. DA103 - Demolition (Rev C) 8. DA110 - Landscape calculation plan (Rev C) 9. DA111 - Landscape plan (Rev C) 10. DA112 - Landscape details & notes (Rev C) 11. DA131 - Key building plan: ground floor (Rev C) 12. DA132 - Key building plan: first floor (Rev C) 13. DA133 - Key building plan: roof (Rev C) 14. DA201 - Ground floor plan (Rev C) 15. DA202 - First floor plan (Rev C) 16. DA203 - Roof plan (Rev C) 17. DA300 - Street elevation (Rev C) 18. DA301 - North west elevations (Rev C) 19. DA302 - North east elevations (Rev C) 20. DA303 - South east elevations (Rev C) 21. DA304 - South west elevations (Rev C) 22. DA401 - Sections (Rev C) 23. DA402 - Sections (Rev C) 24. DA403 - Sections (Rev C) 25. DA404 - Sections(Rev C) 26. DA405 - Sections (Rev C) 27. DA406 - Sections (Rev C) 28. DA501 - Perspective Views (Rev C) 29. DA502 - Perspective Views (Rev C) 30. DA503 - Perspective Views (Rev C) 31. DA601 - Accessible rooms & common areas (Rev C) 32. DA602 - Accessibility details (Rev C) 33. DA603 - Party wall detail (Rev C) 34. DA701 - Window Schedule (Rev C) 35. DA702 - Door Schedule (Rev C) 36. DA703 - Door Schedule (Rev C) 37. DA704 - Door Schedule (Rev C) 38. DA705 - Door Schedule (Rev C) 39. DA706 - Fittings & furnishings schedule (Rev C) 40. DA150 - Shadow Plan - Winter Solistice 21 June 9am - Existing (Rev C) 41. DA151 - Shadow Plan - Winter Solistice 21 June 9am - Proposed (Rev C) 42. DA152 - Shadow Plan - Winter Solistice 21 June 10am - Existing (Rev C) 43. DA153 - Shadow Plan - Winter Solistice 21 June 10am - Proposed (Rev C) 44. DA154 - Shadow Plan - Winter Solistice 21 June 11am - Existing (Rev C) 45. DA155 - Shadow Plan - Winter Solistice 21 June 11am - Proposed (Rev C) 46. DA156 - Shadow Plan - Winter Solistice 21 June 12pm - Existing (Rev C) 47. DA157 - Shadow Plan - Winter Solistice 21 June 12pm - Proposed (Rev C) 48. DA158 - Shadow Plan - Winter Solistice 21 June 1pm - Existing (Rev C) 49. DA159 - Shadow Plan - Winter Solistice 21 June 1pm - Proposed (Rev C) 50. DA160 - Shadow Plan - Winter Solistice 21 June 2pm - Existing (Rev C) 51. DA161 - Shadow Plan - Winter Solistice 21 June 2pm - Proposed (Rev C) 52. DA162 - Shadow Plan - Winter Solistice 21 June 3pm - Existing (Rev C) 53. DA163 - Shadow Plan - Winter Solistice 21 June 3pm - Proposed (Rev C) 54. DA164 - Elevational Shadow Diagrams - Ne Wall 29 Newman St. Winter Solistice 21 June 9am- 12pm (Rev C) 55. DA165 - Elevational Shadow Diagrams - Ne Wall 29 Newman St - Winter Solistice 21 June 1PM- 3PM (Rev C) 56. DA166 - Shadow Plan - Summer Solistice Existing (Rev C) 57. DA167 - shadow plan - summer solistice 22 December 9am -Proposed (Rev C) 58. DA168 - Shadow Plan - Summer Solistice 22 December 12pm - Existing (Rev C) 59. DA169 - Shadow Plan - Summer Solistice 22 December 12pm - Proposed (Rev C) 60. DA170- Shadow Plan - Summer Solistice 22 December 3pm - Existing (Rev C) 61. DA171 - Shadow Plan - Summer Solistice 22 December 3pm -Proposed (Rev C) 62. DA172 - Elev Shadow Diagrams - Ne Wall (Common Rm) 27 Newman St. Winter Solistice 21 June 9am-(Rev C) 63. DA 173 - Elev Shadow Diagrams - Ne Wall (Common Rm) 27 Newman St. Winter Solistice 21 June: 1-3pm (Rev C) 1. The appeal is upheld and Development Application DA2017/0121, for the demolition of the existing dwelling and garage and construction of New Boarding House (11 rooms) and Carport at 27 Newman Street, Mortdale NSW 2223, is approved, subject to the conditions set out in Annexure A. 2. The Applicant is to pay the Respondents costs in the amount of $5,400 pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW) within 28 days of the date of the Order made by the Court. ………………………. Susan Dixon Senior Commissioner of the Land and Environment Court Annexure A (183 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: 14 June 2018