Land and Environment Court New South Wales Medium Neutral Citation: Urban Link Pty Ltd v Georges River Council [2018] NSWLEC 1317 Hearing dates: Conciliation conference on 16 May 2018; 8, 22 June 2018 Date of orders: 27 June 2018 Decision date: 27 June 2018 Jurisdiction: Class 1 Before: Dickson C Decision: See [5] below Catchwords: DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: Urban Link Pty Ltd (Applicant) Georges River Council (Respondent) Representation: Solicitors: C Gough, Storey & Gough Lawyers (Applicant) J Ware, Georges River Council (Respondent) File Number(s): 2017/351493 Publication restriction: No Judgment 1. COMMISSIONER: This is an appeal by Urban Link Pty Ltd against the refusal by Georges River Council of DA 8/2017 for the demolition of existing buildings and construction of a four-storey residential flat building with 13 Units and basement parking at 849 King Georges Road, South Hurstville (Lot 17 DP/ 262438). 2. 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". 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 s 34(3) of the Land and Environment Court Act 1979 are: 1. The Applicant is granted leave to amend the development application to rely upon the following plans: Reference No. Date Description Revision Prepared by DA01 4 Jun 18 Coverpage E Urbanlink DA02 8 Jun 18 Site Plan E Urbanlink DA03 4 Jun 18 Site Analysis E Urbanlink DA04 4 Jun 18 Basement E Urbanlink DA05 4 Jun 18 Ground Level E Urbanlink DA06 4 Jun 18 Levels 1-2 & 3 E Urbanlink DA07 4 Jun 18 Sections E Urbanlink DA08 4 Jun 18 North & East Elevations E Urbanlink DA09 4 Jun 18 South & West Elevations E Urbanlink DA10 4 Jun 18 GFA/FSR Calculations E Urbanlink DA11 4 Jun 18 Shadow Studies (June 21st) E Urbanlink DA12 4 Jun 18 Shadow Studies (Sep 22nd) E Urbanlink DA13 4 Jun 18 Solar Studies E Urbanlink DA14 4 Jun 18 Finishes Schedule E Urbanlink DA15 4 Jun 18 Perspectives Drawing E Urbanlink LA-01 28 May 18 Landscape plan ground floor C Susan Stratton LA-02 28 May 18 Landscape plan – level 3 B Susan Stratton 1. The Applicant is to pay those costs of the Respondent thrown away pursuant to section 8.15(3) of the Environmental Planning & Assessment Act 1979, as a result of amending the development application in accordance with Order (1) in the sum of $12,000.00 within 28 days. 2. The Appeal is upheld. 3. Development Application No. 8/2017 for the demolition of existing buildings and construction of a four-storey residential flat building with 13 Units and basement parking situated at 849 King Georges Road, South Hurstville is approved subject to the conditions in Annexure "A". ………………………. D M Dickson Commissioner of the Court Annexure A (489 KB, pdf) Plans (18.3 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: 27 June 2018