Affordable Habitats Pty Ltd v The Council of the City of Sydney
[2017] NSWLEC 1631
•09 November 2017
Land and Environment Court
New South Wales
Medium Neutral Citation: Affordable Habitats Pty Ltd v The Council of the City of Sydney [2017] NSWLEC 1631 Hearing dates: Conciliation conference on 23 October & 3 November 2017 Date of orders: 09 November 2017 Decision date: 09 November 2017 Jurisdiction: Class 1 Before: Gray C Decision: See (4) below
Catchwords: DEVELOPMENT APPLICATION – demolition of commercial building and construction of student accommodation - conciliation conference - agreement between the parties - orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: Affordable Habitats Pty Ltd (Applicant)
Council of the City of Sydney (Respondent)Representation: Solicitor:
Mr V Conomos, Conomos Legal (Applicant)
Mr A Simpson, Sydney City Council (Respondent)
File Number(s): 2017/196264 Publication restriction: No
Judgment
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COMMISSIONER: This matter concerns an appeal following the expiry of the deemed refusal period concerning a development application for demolition of an existing commercial building and construction of a four storey student accommodation (boarding house) and associated landscaping works at 142 Carillon Avenue, Newtown. After a conciliation conference held in the matter, 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”.
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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.
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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.
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The final orders to give effect to the parties’ agreement under s34(3) of the Land and Environment Court Act 1979 are:
The Applicant is given leave to amend the development application and rely upon the following plans in the proceedings:
Drawing Number
Drawing Name
Date
A101 Rev 8
Ground Floor
27.10.17
A102 Rev 8
Level 1
27.10.17
A103 Rev 8
Level 2
27.10.17
A104 Rev 8
Level 3
27.10.17
A105 Rev 8
Roof Plan
27.10.17
A201 Rev 8
Elevations
27.10.17
A202 Rev 8
Elevations
27.10.17
A301 Rev 8
Sections
27.10.17
The appeal is upheld.
Development application D/2016/1759 lodged on 14 December 2016 seeking approval for the demolition of existing commercial building and construction of a four storey student accommodation building (boarding house) and associated landscaping works including tree removal is approved subject to the conditions in Annexure A.
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Commissioner Gray
196264.17 Gray (C) (463 KB, pdf)
196264.17 Gray - Plans (2.41 MB, pdf)
Decision last updated: 10 November 2017
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