Development Application Approved with Conditions After Conciliation Conference

The Commissioner granted leave to amend a development application and approved it subject to conditions after a conciliation conference, accepting an agreement between the parties.

Land and [ADDRESS] South Wales

Medium Neutral Citation: [COMPANY] trading as [NAME] v [NAME] 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: [NAME] Decision: See [4] below Catchwords: DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders Legislation Cited: Land and [ADDRESS] 1979 Category: Principal judgment Parties: [COMPANY] trading as [NAME] (Applicant) [NAME] of Ryde Council (Respondent) Representation: Solicitors: [redacted] [NAME], Council of the [NAME] of Ryde (Respondent) File Number(s): 2017/384741 Publication restriction: No

Judgment 1. COMMISSIONER: In this matter, at or after a conciliation conference, an agreement under s 34(3) of the Land and [ADDRESS] 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. [ADDRESS] 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 [ADDRESS] 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. [ADDRESS] from corner of Pope & [ADDRESS] C, dated 06/06/2018 19. [ADDRESS] from [COMPANY] C, dated 06/06/2018 20. [ADDRESS] from [ADDRESS] C, dated 06/06/2018 21. [ADDRESS] from [ADDRESS] C, dated 06/06/2018 22. [ADDRESS] from [ADDRESS] 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 [NAME] of [NAME] 2018 25. Amended Clause 4.6 Subdivision prepared by [NAME] of [NAME] 2018 26. Urban Design statement prepared by [NAME] of [NAME] 2018 [NAME]

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 [COMPANY] 27 May 2016

1. The appeal in respect of Lot 4 DP 5558 and Lot 1 DP 178305, being [ADDRESS] and [ADDRESS], Ryde, is upheld.

2. Development Application DA-2017/0014 for the for the demolition of the existing building and construction of new premises comprising of residential and commercial tenancies, is approved subject to conditions contained in Annexure "B".

3. The Applicant is pay the Respondent's costs thrown away by reason of the amended plans pursuant to section 8.15(3) of the Environmental Planning and Assessment at 1979 as agreed or assessed. ………………………. [NAME] Commissioner of the Court Annexure A (14.4 MB, pdf) Annexure B (653 KB, pdf)

Amendments 10 July 2018 - Correction to date of orders 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: 10 July 2018