The following information has been provided by Greg Woodhams, Council’s Diector of Environmental Services:
Previous advice has been provided that Meritons have appealed the decision of the PAC to refuse their Modification 6 application for Thomas Street.
The Department of Planning and Infrastructure has advised that a s 34 Conciliation Conference will be held in respect to the PAC determination for refusal of the Thomas Street application. The Conference details are provided below. The s 34 conference is not a public meeting but is a formal process conducted by the Land and Environment Court.
I have requested that Council be provided the opportunity to address the s34 Conference. I will make an oral submission based on the Councils previous resolution on the Modification 6 and generally relying on the material I presented at the Public Meeting before the PAC earlier this year.
The addresses for objectors/correspondents will be heard on site by a Commissioner. Once that has occurred then the Commissioner and the parties (being Meritons and the PAC) will adjourn to the Land and Environment Court. That further meeting is not open to the public (or Council) to attend. If the outcome of the Conference is that agreement cannot be reached then a hearing date will be set for the appeal to be heard before the Court. If the s34 Conference results in some agreement for approval by the parties then the Commissioner has the authority to hand down a Court Order reflecting the agreement.
Chatswood West Ward History 
Class 1 Appeal to the Land and Environment Court
(Case Number 13/10810)
Mixed use development at the Thomas Street Car Park site, Chatswood (Mod 6)
Process Update
1. The matter was listed for a section 34 conference on 22 November 2013. The
conference began with an on-site meeting where several objectors spoke about their
concerns. The conference then moved back to the Court, attended by
representatives of Meriton and the Minister and chaired by Commissioner O’Neil.
The conference continued on 26 November and 28 November 2013. On 28
November 2013, both parties agreed to terminate the conference with an agreement
that Meriton provide a set of amended plans.
2. The amended plans will include the following changes:
a reduction in the proposed height of the residential tower by 9 storeys (from
47 storeys to 38 storeys);
a reduction in the proposed height of the serviced apartment tower by 4
storeys (from 37 storeys to 33 storeys); and
a number of amendments to the podium design to address access issues,
street activation and the through site link.
3. Subject to the amended plans being provided (and reflecting the changes described
above) and agreement being reached on conditions, the Minister is likely to agree to
consent orders.
Consent orders means that the Minister will not oppose the granting of consent to the
amended mod 6 at the hearing on 11 December 2013.
4. The amended plans are to be provided on Tuesday 3 December 2013. They will be
placed on the PAC website at that time.
5. Objectors will still have the opportunity to address the Court on any concerns with the
amended plans at the hearing on 11 December 2013.
6. The Court will make the final decision on whether mod 6 should be approved whether
or not the Minister agrees to consent orders.
7. On 29 November 2013, the Court also ordered that:
The Minister to provide draft conditions to Meriton by 4 December 2013.
Meriton to provide response to draft conditions by 5 December 2013.
Expert reports (traffic and planning) are to be provided by 9 December 2013.
COMMISSION SECRETARIAT
Level 13, 301 George Street SYDNEY, NSW 2000
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Agreed conditions and draft consent orders (if agreement has been reached)
8. A further update will be provided on the website on Tuesday, 3 December 2013 when
the amended plans have been received.
are to be provided by 9 December 2013.