14 McGill Street Lewisham Pty Ltd v Inner West Council

[2016] NSWLEC 1656

Land and Environment Court

New South Wales

Medium Neutral Citation:	14 McGill Street Lewisham Pty Ltd v Inner West Council [2016] NSWLEC 1656
Hearing dates:	Conciliation conference on 9 December 2016
Date of orders:	09 December 2016
Decision date:	09 December 2016
Jurisdiction:	Class 1
Before:	Dixon C
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	14 McGill Street Lewisham Pty Ltd (Applicant) Inner West Council (Respondent)
Representation:	Anthony Whealy, Mills Oakley (Applicant) Joe Strati, Inner West Council (Respondent)
File Number(s):	2016/226296
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 Environment Court Act 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. The Court Act 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 Environment Court Act 1979 are:

1. The Applicant is granted leave to amend the section 96 modification application by substituting the following amended plans and documents relied on for the purpose of the section 96 application:

S96-105	Ground Level Arch	31/10/16	Level 33 Architectural Division
S96-106	Level 1 - Arch	31/10/16	Level 33 Architectural Division
S96-107	Level 2- Arch	31/10/16	Level 33 Architectural Division
S96-108	Level 3 - Arch	31/10/16	Level 33 Architectural Division
S96-109	Level 4 - Arch	31/10/16	Level 33 Architectural Division
S96-110	Level 5 - Arch	31/10/16	Level 33 Architectural Division
S96-111	Level 6 - Arch	31/10/16	Level 33 Architectural Division
S96-112	Level 7 - Arch	31/10/16	Level 33 Architectural Division
S96-113	Roof Plan - Arch	31/10/16	Level 33 Architectural Division
S96-201	Section 1	31/10/16	Level 33 Architectural Division
S96-202	Section 2	31/10/16	Level 33 Architectural Division
S96-203	McGill St Balcony Section	31/10/16	Level 33 Architectural Division
S96-212	East Elevation	31/10/16	Level 33 Architectural Division
S96-209	West Elevation	31/10/16	Level 33 Architectural Division
S96-211	South Elevation	31/10/16	Level 33 Architectural Division
S96-210	North Elevation	31/10/16	Level 33 Architectural Division

2. The Applicant is to pay those costs of the Respondent ‘thrown away’ as a result of amending the development application pursuant to section 97B(2) of the Environmental Planning and Assessment Act 1979 as agreed or assessed.

3. The appeal is upheld.

4. Modification application No DA 201500205.02 for reconfiguration of the approved building layout to provide for an additional studio on ground level and additional units at upper levels, modify materials and finishes, minor window adjustments and relocation of booster assembly to south-east corner of site at 14 McGill Street, Lewisham. is approved subject to the conditions contained in Annexure “A”.

…………….

S Dixon

Commissioner

226296.16 Dixon (C) (120 KB, pdf)

226296.16 Plans (15.2 MB, pdf)