Zam Zam Developments Pty Ltd v Cumberland Council [2018] NSWLEC 1468

NSW Caselaw

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Land and Environment Court New South Wales

Medium Neutral Citation: Zam Zam Developments Pty Ltd v Cumberland Council [2018] NSWLEC 1468 Hearing dates: Conciliation conference on 31 August 2018 Date of orders: 31 August 2018 Decision date: 31 August 2018 Jurisdiction: Class 1 Before: Chilcott 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 State Environmental Planning Policy (Affordable Rental Housing) 2009 Category: Principal judgment Parties: Zam Zam Developments Pty Ltd (Applicant) Cumberland Council (Respondent) Representation: Solicitors: A Gough, Storey & Gough (Applicant) S Shneider, Houston Dearn O'Connor (Respondent) File Number(s): 2017/227408 Publication restriction: No

Judgment 1. COMMISSIONER: In this matter, at or after a conciliation conference, an agreement under s 34(3) 2. The Court Act also required me to "set out in writing the terms of the decision" (s 34(3)(b)). 3. In making the orders to give effect to the agreement between the parties, I was not required to 4. The final orders to give effect to the parties' agreement under s 34(3) of the Land and Environment 1. The applicant is granted leave to rely on an amended development application incorporating Plan Number Prepared By DRWG No. A1101 Ghazi Al Ali DRWG No. A1200 Ghazi Al Ali DRWG No. A1201 Ghazi Al Ali DRWG No. A1202 Ghazi Al Ali DRWG No. A1203 Ghazi Al Ali DRWG No. A1204 Ghazi Al Ali DRWG No. A1205 Ghazi Al Ali DRWG No. A1206 Ghazi Al Ali DRWG No. A1207 Ghazi Al Ali DRWG No. A1209 Ghazi Al Ali DRWG No. A1210 Ghazi Al Ali DRWG No. A1300 Ghazi Al Ali DRWG No. A1301 Ghazi Al Ali DRWG No. A1302 Ghazi Al Ali DRWG No. A1400 Ghazi Al Ali DRWG No. A1401 Ghazi Al Ali DRWG No. A1402 Ghazi Al Ali DRWG No. A1403 Ghazi Al Ali DRWG No. A1404 Ghazi Al Ali DRWG No. A2200 Ghazi Al Ali DRWG No. A2201 Ghazi Al Ali DRWG No. A2202 Ghazi Al Ali DRWG No. A3001 Ghazi Al Ali DRWG No. L01A Site Design Studios Building footprint as per DRWG No. A1202 Rev E, dated 10/04/2018 and prepared by Ghazi Al Ali DRWG No. L02A Site Design Studios Building footprint as per DRWG No. A1202 Rev E, dated 10/04/2018 and prepared by Ghazi Al Ali DRWG No. L03A Site Design Studios Building footprint as per DRWG No. A1202 Rev E, dated 10/04/2018 and prepared by Ghazi Al Ali DRWG No. L04A Site Design Studios DRWG No. SW02 SGC DRWG No. SW03 SGC DRWG No. SW04 SGC DRWG No. SW05 SGC DRWG No. SW06 SGC DRWG No. SW07 SGC DRWG No. SW08 SGC DRWG No. SW09 SGC DRWG No. SW10 SGC DRWG No. SW11 SGC Geotechnical Investigation Report Alliance Geotechnical Noise Assessment Acoustic Arboricultural Impact Assessment Report Jacksons Nature Works Flood Study Report SGC Issue B BASIX Certificate Number 716050M_04 Greenworld Amended clause 4.6 (Height of Building) Morphology 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". The orders made to give effect to the agreement constitute that document. make, and have not made, any merit assessment of the issues that were originally in dispute between the parties. Court Act 1979 are: the following plans and documents: Revision No. Dated D 26/03/2018 D 20/03/2018 D 20/03/2018 E 10/04/2018 E 10/04/2018 E 10/04/2018 E 10/04/2018 E 10/04/2018 E 10/04/2018 E 10/04/2018 A 20/03/2018 E 10/04/2018 E 10/04/2018 E 10/04/2018 E 10/04/2018 E 10/04/2018 D 20/03/2018 C 10/04/2018 B 10/04/2018 C 10/04/2018 D 10/04/2018 D 10/04/2018 P 31/05/2018 A 23/02/2018 A 23/02/2018 A 23/02/2018 A 23/02/2018 B 18/04/2018 B 18/04/2018 B 18/04/2018 B 18/04/2018 B 18/04/2018 B 18/04/2018 B 18/04/2018 B 18/04/2018 B 18/04/2018 B 18/04/2018 - 16 March 2017 Consulting Engineers 03 17 March 2017 - 10 March 2017 C 28/11/2017 Architectural Drafting - 20 March 2018 Design Associates - -

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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 rely on an amended development application incorporating the following plans and documents: Plan Number Prepared By Revision No. Dated DRWG No. A1101 Ghazi Al Ali D 26/03/2018 DRWG No. A1200 Ghazi Al Ali D 20/03/2018 DRWG No. A1201 Ghazi Al Ali D 20/03/2018 DRWG No. A1202 Ghazi Al Ali E 10/04/2018 DRWG No. A1203 Ghazi Al Ali E 10/04/2018 DRWG No. A1204 Ghazi Al Ali E 10/04/2018 DRWG No. A1205 Ghazi Al Ali E 10/04/2018 DRWG No. A1206 Ghazi Al Ali E 10/04/2018 DRWG No. A1207 Ghazi Al Ali E 10/04/2018 DRWG No. A1209 Ghazi Al Ali E 10/04/2018 DRWG No. A1210 Ghazi Al Ali A 20/03/2018 DRWG No. A1300 Ghazi Al Ali E 10/04/2018 DRWG No. A1301 Ghazi Al Ali E 10/04/2018 DRWG No. A1302 Ghazi Al Ali E 10/04/2018 DRWG No. A1400 Ghazi Al Ali E 10/04/2018 DRWG No. A1401 Ghazi Al Ali E 10/04/2018 DRWG No. A1402 Ghazi Al Ali D 20/03/2018 DRWG No. A1403 Ghazi Al Ali C 10/04/2018 DRWG No. A1404 Ghazi Al Ali B 10/04/2018 DRWG No. A2200 Ghazi Al Ali C 10/04/2018 DRWG No. A2201 Ghazi Al Ali D 10/04/2018 DRWG No. A2202 Ghazi Al Ali D 10/04/2018 DRWG No. A3001 Ghazi Al Ali P 31/05/2018 DRWG No. L01A Site Design Studios A 23/02/2018 Building footprint as per DRWG No. A1202 Rev E, dated 10/04/2018 and prepared by Ghazi Al Ali DRWG No. L02A Site Design Studios A 23/02/2018 Building footprint as per DRWG No. A1202 Rev E, dated 10/04/2018 and prepared by Ghazi Al Ali DRWG No. L03A Site Design Studios A 23/02/2018 Building footprint as per DRWG No. A1202 Rev E, dated 10/04/2018 and prepared by Ghazi Al Ali DRWG No. L04A Site Design Studios A 23/02/2018 DRWG No. SW02 SGC B 18/04/2018 DRWG No. SW03 SGC B 18/04/2018 DRWG No. SW04 SGC B 18/04/2018 DRWG No. SW05 SGC B 18/04/2018 DRWG No. SW06 SGC B 18/04/2018 DRWG No. SW07 SGC B 18/04/2018 DRWG No. SW08 SGC B 18/04/2018 DRWG No. SW09 SGC B 18/04/2018 DRWG No. SW10 SGC B 18/04/2018 DRWG No. SW11 SGC B 18/04/2018 Geotechnical Investigation Report Alliance Geotechnical - 16 March 2017 Noise Assessment Acoustic Consulting Engineers 03 17 March 2017 Arboricultural Impact Assessment Report Jacksons Nature Works - 10 March 2017 Flood Study Report SGC C 28/11/2017 Issue B BASIX Certificate Number 716050M_04 Greenworld Architectural Drafting - 20 March 2018 Amended clause 4.6 (Height of Building) Morphology Design Associates - -

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