Land and Environment Court New South Wales Medium Neutral Citation: Farrugia v City of Parramatta Council [2018] NSWLEC 1690 Hearing dates: 13 December 2018 Date of orders: 24 December 2018 Decision date: 24 December 2018 Jurisdiction: Class 1 Before: O'Neill C Decision: See [6] below Catchwords: DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category: Principal judgment Parties: David Anthony Farrugia (Applicant) City of Parramatta Council (Respondent) Representation: Counsel: P Clay SC (Applicant) Solicitors: Macquarie Lawyers (Applicant) A Gough, Storey & Gough Lawyers (Respondent) File Number(s): 2018/176520 Publication restriction: No Judgment 1. COMMISSIONER: This is an appeal pursuant to the provisions of s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal by the City of Parramatta Council (the Council) of Development Application No. 919/2017 for the construction of a two-storey dwelling with a detached double garage (the proposal) at 6A Lansdowne Street, Parramatta. 2. The Court arranged a conciliation conference under s 34AA(2)(a) of the Land and Environment Court Act 1979 (LEC Act) between the parties, which has been held on 13 December 2018. I presided over the conciliation conference. 3. At the conciliation conference, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties, based on amendments made to the proposal. 4. Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties' decision, if the parties' decision is a decision that the Court could have made in the proper exercise of its functions. The parties' decision involves the Court exercising the function under s 4.16 of the EPA Act to grant consent to the Development Application. 5. I am satisfied that the parties' decision is one that the Court could have made in the proper exercise of its functions. I have considered the effect of the proposal on the heritage significance of the heritage conservation area pursuant to cl 5.10(4) of the Parramatta Local Environmental Plan 2011 and I am satisfied that the amendments made to the form of the roof results in a proposal that successfully respects the established scale of the heritage conservation area. As the parties' decision is a decision that the Court could have made in the proper exercise of its functions, I am required under s 34(3) of the LEC Act to dispose of the proceedings in accordance with the parties' decision. Orders 1. The orders of the Court are: 1. The applicant is granted leave to amend the application, to rely on the documentation listed at condition 1 of the conditions of consent at Annexure A. 2. The appeal is upheld. 3. Development Application No. 919/2017 for the construction of a two-storey dwelling with a detached double garage at 6A Lansdowne Street, Parramatta, is approved, subject to the conditions of consent at Annexure A. ____________ Susan O'Neill Commissioner of the Court Annexure A (196 KB, pdf) Annexure B (4.09 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: 24 January 2019