Development Consent Granted for Mixed-Use Building with Conditions

The Land and Environment Court granted development consent for a mixed-use building with conditions after addressing urban design issues raised during the appeal process.

Land and [ADDRESS] South Wales

Medium Neutral Citation: [COMPANY] v Parramatta City Council [2016] NSWLEC 1344 Hearing dates: Conciliation conference on 29 February 2016 Date of orders: 18 August 2016 Decision date: 18 August 2016 Jurisdiction: Class 1 Before: [NAME] C Decision: See (4) below Catchwords: DEVELOPMENT APPLICATION; multi-storey mixed use building with boarding house and commercial premises; urban design issues; conciliation conference; agreement between the parties; orders Legislation Cited: Land and [ADDRESS] 1979 Category: Principal judgment Parties: [COMPANY] (Applicant) Parramatta City Council (Respondent) Representation: Applicant: [redacted] Respondent: [redacted]

Solicitors: [redacted] [COMPANY] (Respondent) File Number(s): 152440 of 2016 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, 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 given leave to amend the development application by substituting the following plans as the plans relied upon for the purpose of the development application: Drawing N0 Dated A100, Cover page, Issue G, prepared by [NAME] 2016 A101, Site plan/ site analysis/ calculation, Issue G, prepared by [NAME] 2016 A103, Elevations/ sections, Issue G, prepared by [NAME] 2016 A104, Shadow Diagrams/ section/ communal living room solar access, Issue G, prepared by [NAME] 2016 A105, Area calculation/ street view, Issue G, prepared by [NAME] 2016

1. The appeal is upheld.

2. Development consent is granted to Development Application No. DA 60/2014 for the demolition of an existing commercial building and construction of a four (4) storey mixed use building containing commercial premises on the ground floor and a boarding house above subject to the conditions of consent annexed hereto and marked "A". [ADDRESS] notes the agreement there be no order as to costs. ____________________________ [NAME] Commissioner of the Court 152440.16 [NAME] (C) (369 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: 10 May 2018