Development Approved After Conciliation Agreement in Land and Environment Court Case

In a conciliation conference, an agreement was reached between the parties regarding a development application for a residential flat building. The Land and Environment Court approved the application based on the terms agreed upon during the conference.

Land and [ADDRESS] South Wales

Medium Neutral Citation: [COMPANY] ([COMPANY]) v Cumberland Council [2017] NSWLEC 1148 Hearing dates: Conciliation conference on 24 January 2017 Date of orders: 23 March 2017 Decision date: 23 March 2017 Jurisdiction: Class 1 Before: Fakes AC Decision: See (4) below Catchwords: DEVELOPMENT APPLICATION: residential flat building; conciliation conference; agreement between the parties; orders Legislation Cited: Land and [ADDRESS] 1979 Category: Principal judgment Parties: [COMPANY] ([COMPANY]) (Applicant) CUMBERLAND COUNCIL (Respondent) Representation: Applicant: [redacted] Respondent: [redacted] 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 s34(3) of the Land and [ADDRESS] 1979 are:

1. The Applicant is granted leave to rely on the amended plan as listed below: [NAME] (DA:000, UA:101, UA:102, DA:201, DA:202, DA:203, DA:204, DA:205, DA:206, DA:207, DA:208, DA:209, DA:210, DA:300, DA:301, DA:400, DA:601, DA:602, DA:603, DA:604, DA:605, DA:606, DA:607, DA:608, DA:700) Issue F dated 25 January 2017 and [NAME] (UA:100 and DA :200) Issue F dated 24 January 2017 prepared by [COMPANY]; and Landscape plan titled DA LANDSCAPE PLAN Job No. 4007 dated 27 February 2017 by [COMPANY].

1. The Appeal is upheld.

2. Development Application No. DA/109/2015 dated 5 March 2015 for the demolition of existing structures and construction of a new 4-storey residential flat building comprising 33 units and basement car parking at 78-[ADDRESS], Guildford is approved subject to the conditions contained in Annexure 'A' attached. 3. [ADDRESS] notes that the parties have agreed that the amendments contained in the plans in 2(a) are minor and that there should be no order as to costs pursuant to s.97B of the Environmental Planning and Assessment Act 1979. _____________________ Acting Commissioner Fakes 290622.16 Fakes (C) (484 KB, 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: 03 May 2018