Bureau SRH Pty Ltd trading as Bureau SRH Architecture v City of Ryde Council [2018] NSWLEC 1345

NSW Caselaw

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Land and Environment Court New South Wales

Medium Neutral Citation: Bureau SRH Pty Ltd trading as Bureau SRH Architecture v City of Ryde Council [2018] NSWLEC 1345 Hearing dates: Conciliation conference on 28 June 2018 Date of orders: 05 July 2018 Decision date: 05 July 2018 Jurisdiction: Class 1 Before: Blakely AC 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: Bureau SRH Pty Ltd trading as Bureau SRH Architecture (Applicant) City of Ryde Council (Respondent) Representation: Solicitors: M Peatman, Hunt & Hunt Lawyers (Applicant) P Kapetas, Council of the City of Ryde (Respondent) File Number(s): 2017/384741 Publication restriction: No

Judgment 1. COMMISSIONER: In this 2. The Court Act also required 3. In making the orders 4. The final orders to 1. The Applicant # Plan/Report No. Architectural Plans 1. Plan DA 000 1. Plan DA 001 2. Plan DA 002 3. Plan DA 100 4. Plan DA 101 5. Plan DA 102 6. Plan DA 103 7. Plan DA 104 8. Plan DA 105 9. Plan DA 106 10. Plan DA 120 11. Plan DA 121 12. Plan DA 150 13. Plan DA 200 14. Plan DA 201 15. Plan DA 202 16. Plan DA 301 17. Plan DA 401 18. Photomontage 19. Photomontage 20. Photomontage 21. Photomontage 22. Photomontage 23. Plan 16218 DA 1 of 2 and 2 of 2 Further documents 24. Amended 25. Amended 26. Urban Stormwater Plans 27. Drawing No. C00.01 28. Drawing No. C01.01 29. Drawing No. C02.01 30. Drawing No. C03.01 31. Drawing No. C03.02 32. Drawing No. C03.03 33. Drawing No. C03.04 Survey Plan 34. Survey 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". 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. 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. give effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979 are: is granted leave to amend the development application and rely upon the following amended plans, contained at Annexure "A": Plan/Document Revision for Final Amended DA Submission Title Page Revision 4 dated 05/04/2018 Demolition Revision 2 dated 15/08/2017 Subdivision Revision 2 dated 15/08/2017 Site Plan/Site Analysis Revision 4 dated 05/04/2018 Basement Level 03 + 02 Revision 3 dated 05/04/2018 Basement Level 01 + Ground Floor Revision 6 dated 21/06/2018 Level 1 + Level 2 Revision 5 dated 06/06/2018 Level 3 + Level 4 Revision 5 dated 06/06/2018 Level 5 + Level 6 Revision 6 dated 21/06/2018 Roof Plan + Post Adaptable Layouts Revision 4 dated 05/04/2018 Shadow diagram winter solstice Revision 2 dated 21/06/2018 Shadow diagram spring equinox Revision 2 dated 21/06/2018 Area calculation/control table Revision 4 dated 21/06/2018 Streetscape elevations Revision 4 dated 05/04/2018 Elevations Revision 5 dated 21/06/2018 Elevations Revision 3 dated 06/06/2018 Sections Revision 4 dated 05/04/2018 Views from the Sun Revision 2 dated 21/06/2018 View from corner of Pope & Smith Street Revision C, dated 06/06/2018 View from Top Ryde Shopping Centre Revision C, dated 06/06/2018 View from Smith Street Revision C, dated 06/06/2018 View from Pope Street Revision C, dated 06/06/2018 View from Pope Street Revision C, dated 06/06/2018 Landscape Plan Revision C dated 16/08/2017 Statement of Environmental Effects prepared by Michael Brewer of Willana Associates April 2018 Clause 4.6 Subdivision prepared by Michael Brewer of Willana Associates April 2018 Design statement prepared by Rohan Dickson of AE Design Partnership May 2018 General Notes Issue B, dated 21 December 2016 Roof Drainage, sediment erosion control plan Issue B, dated 21 December 2016 Stormwater Drainage Plan Issue B, dated 21 December 2016 Basement 1 Stormwater Drainage Plan Issue B, dated 21 December 2016 Basement 2 Stormwater Drainage Plan Issue B, dated 21 December 2016 Stormwater Details Sheet 1 Issue B, dated 21 December 2016 Stormwater Details Sheet 2 Issue B, dated 21 December 2016 Plan prepared by Norton Survey Partners 27 May 2016

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Document text

Land and Environment Court New South Wales

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 the development application and rely upon the following amended plans, contained at Annexure "A": # Plan/Report No. Plan/Document Revision for Final Amended DA Submission Architectural Plans 1. Plan DA 000 Title Page Revision 4 dated 05/04/2018 1. Plan DA 001 Demolition Revision 2 dated 15/08/2017 2. Plan DA 002 Subdivision Revision 2 dated 15/08/2017 3. Plan DA 100 Site Plan/Site Analysis Revision 4 dated 05/04/2018 4. Plan DA 101 Basement Level 03 + 02 Revision 3 dated 05/04/2018 5. Plan DA 102 Basement Level 01 + Ground Floor Revision 6 dated 21/06/2018 6. Plan DA 103 Level 1 + Level 2 Revision 5 dated 06/06/2018 7. Plan DA 104 Level 3 + Level 4 Revision 5 dated 06/06/2018 8. Plan DA 105 Level 5 + Level 6 Revision 6 dated 21/06/2018 9. Plan DA 106 Roof Plan + Post Adaptable Layouts Revision 4 dated 05/04/2018 10. Plan DA 120 Shadow diagram winter solstice Revision 2 dated 21/06/2018 11. Plan DA 121 Shadow diagram spring equinox Revision 2 dated 21/06/2018 12. Plan DA 150 Area calculation/control table Revision 4 dated 21/06/2018 13. Plan DA 200 Streetscape elevations Revision 4 dated 05/04/2018 14. Plan DA 201 Elevations Revision 5 dated 21/06/2018 15. Plan DA 202 Elevations Revision 3 dated 06/06/2018 16. Plan DA 301 Sections Revision 4 dated 05/04/2018 17. Plan DA 401 Views from the Sun Revision 2 dated 21/06/2018 18. Photomontage View from corner of Pope & Smith Street Revision C, dated 06/06/2018 19. Photomontage View from Top Ryde Shopping Centre Revision C, dated 06/06/2018 20. Photomontage View from Smith Street Revision C, dated 06/06/2018 21. Photomontage View from Pope Street Revision C, dated 06/06/2018 22. Photomontage View from Pope Street Revision C, dated 06/06/2018 23. Plan 16218 DA Landscape Plan Revision C dated 16/08/2017 1 of 2 and 2 of 2 Further documents 24. Amended Statement of Environmental Effects prepared by Michael Brewer of Willana Associates April 2018 25. Amended Clause 4.6 Subdivision prepared by Michael Brewer of Willana Associates April 2018 26. Urban Design statement prepared by Rohan Dickson of AE Design Partnership May 2018 Stormwater Plans 27. Drawing No. C00.01 General Notes Issue B, dated 21 December 2016 28. Drawing No. C01.01 Roof Drainage, sediment erosion control plan Issue B, dated 21 December 2016 29. Drawing No. C02.01 Stormwater Drainage Plan Issue B, dated 21 December 2016 30. Drawing No. C03.01 Basement 1 Stormwater Drainage Plan Issue B, dated 21 December 2016 31. Drawing No. C03.02 Basement 2 Stormwater Drainage Plan Issue B, dated 21 December 2016 32. Drawing No. C03.03 Stormwater Details Sheet 1 Issue B, dated 21 December 2016 33. Drawing No. C03.04 Stormwater Details Sheet 2 Issue B, dated 21 December 2016 Survey Plan 34. Survey Plan prepared by Norton Survey Partners 27 May 2016

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