A1 Green Garden Pty Ltd v Parramatta City Council [2018] NSWLEC 1561

NSW Caselaw

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Land and Environment Court New South Wales

Medium Neutral Citation: A1 Green Garden Pty Ltd v Parramatta City Council [2018] NSWLEC 1561 Hearing dates: Conciliation conference on 19 October 2018 Date of orders: 19 October 2018 Decision date: 19 October 2018 Jurisdiction: Class 1 Before: Bish C 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: A1 Green Garden Pty Ltd (Applicant) Parramatta City Council (Respondent) Representation: Solicitors: V Conomos, Conomos Legal (Applicant) A Gough, Storey & Gough (Respondent) File Number(s): 2017/385062 Publication restriction: No

Judgment 1. COMMISSIONER: 2. The Court Act 3. In making the 4. The final orders 1. The 1. No Rev Title A 1030 C Streetscape Analysis A 1201 C Basement 01 A 1202 C Ground Floor A 1203 C Level 01 A 1204 C Level 02 A 1205 C Level 03 A 1206 C Level 04 A 1207 C Roof A 1210 C Pre and Post Adaptable A 1301 C Elevations A 1302 C Elevations A 1401 C Section AA A 1402 C Section BB A 1403 C Street A 2201 C Material Schedule A 2202 C Material Schedule A 2001 C Infill 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". 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. 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. to give effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979 are: Applicant is given leave to amend the development application and rely upon the following: Amended Architectural plans as follows: Author Date Ghazi Al Ali Architects 09/07/2018 Ghazi Al Ali Architects 09/07/2018 Ghazi Al Ali Architects 09/07/2018 Ghazi Al Ali Architects 09/07/2018 Ghazi Al Ali Architects 09/07/2018 Ghazi Al Ali Architects 09/07/2018 Ghazi Al Ali Architects 09/07/2018 Ghazi Al Ali Architects 09/07/2018 Ghazi Al Ali Architects 09/07/2018 Ghazi Al Ali Architects 09/07/2018 Ghazi Al Ali Architects 09/07/2018 Ghazi Al Ali Architects 09/07/2018 Ghazi Al Ali Architects 09/07/2018 Section and Perspective Ghazi Al Ali Architects 09/07/2018 Ghazi Al Ali Architects 09/07/2018 Ghazi Al Ali Architects 09/07/2018 Affordable Housing Ghazi Al Ali Architects 09/07/2018

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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 given leave to amend the development application and rely upon the following: 1. Amended Architectural plans as follows: No Rev Title Author Date A 1030 C Streetscape Analysis Ghazi Al Ali Architects 09/07/2018 A 1201 C Basement 01 Ghazi Al Ali Architects 09/07/2018 A 1202 C Ground Floor Ghazi Al Ali Architects 09/07/2018 A 1203 C Level 01 Ghazi Al Ali Architects 09/07/2018 A 1204 C Level 02 Ghazi Al Ali Architects 09/07/2018 A 1205 C Level 03 Ghazi Al Ali Architects 09/07/2018 A 1206 C Level 04 Ghazi Al Ali Architects 09/07/2018 A 1207 C Roof Ghazi Al Ali Architects 09/07/2018 A 1210 C Pre and Post Adaptable Ghazi Al Ali Architects 09/07/2018 A 1301 C Elevations Ghazi Al Ali Architects 09/07/2018 A 1302 C Elevations Ghazi Al Ali Architects 09/07/2018 A 1401 C Section AA Ghazi Al Ali Architects 09/07/2018 A 1402 C Section BB Ghazi Al Ali Architects 09/07/2018 A 1403 C Street Section and Perspective Ghazi Al Ali Architects 09/07/2018 A 2201 C Material Schedule Ghazi Al Ali Architects 09/07/2018 A 2202 C Material Schedule Ghazi Al Ali Architects 09/07/2018 A 2001 C Infill Affordable Housing Ghazi Al Ali Architects 09/07/2018

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