Affordable Habitats Pty Ltd v The Council of the City of Sydney

[2017] NSWLEC 1631

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

1. 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”.

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 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

2. The appeal is upheld.

3. 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.

……………………….

Commissioner Gray

196264.17 Gray (C) (463 KB, pdf)

196264.17 Gray - Plans (2.41 MB, pdf)