Land and Environment Court New South Wales Medium Neutral Citation: Cliff Rd Developments Pty Ltd v City of Parramatta Council [2018] NSWLEC 1290 Hearing dates: Conciliation conference on 1, 10, 24 May 2018; 7 June 2018 Date of orders: 15 June 2018 Decision date: 15 June 2018 Jurisdiction: Class 1 Before: Walsh C Decision: See [4] below Catchwords: DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category: Principal judgment Parties: Cliff Rd Developments Pty Ltd (Applicant) City of Parramatta Council (Respondent) Representation: Solicitors: D Arraj, Blackstone Waterhouse Lawyers (Applicant) C Drury, Sparke Helmore Lawyers (Respondent) File Number(s): 2017/339411 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 s 34(3) of the Land and Environment Court Act 1979 are: 1. The Applicant is granted leave to amend Development Application DA/1127/2016 by substituting the following plans and documentation as the plans and documentation relied upon for the purpose of the development application: Number Rev Title Author Date A0.01 G Drawing List/ Development Summary Aplus Design Group 11.05.2018 A2.01 D Basement 3 Aplus Design Group 11.05.2018 A2.02 D Basement 2 Aplus Design Group 11.05.2018 A2.03 E Basement 1 Aplus Design Group 11.05.2018 A2.04 G Lower Ground Floor Plan Aplus Design Group 11.05.2018 A2.05 I Upper Ground Floor Plan Aplus Design Group 11.05.2018 A2.06 E Level 1-2 Aplus Design Group 11.05.2018 A2.06B B Level 3 Aplus Design Group 11.05.2018 A2.07 F Level 4 Aplus Design Group 11.05.2018 A2.08 D Level 5 – Communal Open Space Aplus Design Group 11.05.2018 A2.09 E Roof Plan Aplus Design Group 11.05.2018 A3.01 F North & South Elevations Aplus Design Group 11.05.2018 A3.02 F East & West Elevation Aplus Design Group 11.05.2018 A4.01 E Section A-A Aplus Design Group 11.05.2018 A4.02 E Section B-B Aplus Design Group 11.05.2018 A4.05 A Ramp Section Aplus Design Group 11.05.2018 A4.10 A Section C-C Aplus Design Group 11.05.2018 A4.11 A Section D-D Aplus Design Group 11.05.2018 A6.04 C Views from Sun Aplus Design Group 11.05.2018 A6.05 C Views from Sun Aplus Design Group 11.05.2018 A7.01 F Cross Ventilation / Solar Access Analysis Aplus Design Group 11.05.2018 A7.02 D Unit Schedule Aplus Design Group 11.05.2018 A7.03 E Communal Open Spaces Aplus Design Group 11.05.2018 A7.04 F Deep Soil Area Calculation Aplus Design Group 11.05.2018 101 J Landscape Plan Lower Ground – Ground Site Image 10.05.2018 102 D Landscape Plan Roof Site Image 10.05.2018 501 J Landscape Details Site Image 10.05.2018 601 A Landscape Sections Site Image 10.05.2018 1. Pursuant to section 8.15 of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the costs of the Respondent thrown away as a result of amending the development application, as a lump sum of $12,500.00. 2. The appeal is upheld. 3. Development Application DA/1127/2016 for the demolition of existing structures, subdivision and construction of a five storey residential flat building above basement level parking at 33-35 Cliff Road, Epping, is approved subject to the conditions set out hereto in Annexure A. ………………………. Peter Walsh Commissioner of the Court Annexure A (325 KB, pdf) Annexure B (8.03 MB, 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: 18 June 2018