Aydan Two Pty Ltd v Inner West Council

Case •

[2020] NSWLEC 1122

•

17 March 2020

No judgment structure available for this case.

Land and Environment Court


New South Wales

Medium Neutral Citation: Aydan Two Pty Ltd v Inner West Council [2020] NSWLEC 1122
Hearing dates: Conciliation conference on 6 March 2020
Date of orders: 17 March 2020
Decision date: 17 March 2020
Jurisdiction:Class 1
Before: O’Neill C
Decision:

The Court orders that:
(1) The applicant is granted leave to amend the application to rely on the amended plans listed in condition 3 of the conditions of consent at Annexure A.
(2) The appeal is upheld.
(3) Development Application No. D/2019/367 for alterations and additions to an existing industrial building at 42-48 John Street, Leichhardt, is approved, subject to the conditions of consent at Annexure A.

Catchwords: DEVELOPMENT APPLICATION — conciliation conference — agreement between the parties
Legislation Cited: Environmental Planning and Assessment Act 1979
Land and Environment Court Act 1979
Category:Principal judgment
Parties: Aydan Two Pty Ltd (Applicant)
Inner West Council (Respondent)
Representation:

Counsel:
A Stafford (Applicant)
S Turner (Solicitor) (Respondent)

  Solicitors:
King & Wood Mallesons (Applicant)
Inner West Council (Respondent)
File Number(s): 2019/368225
Publication restriction: No

Judgment

  1. COMMISSIONER: This is an appeal pursuant to the provisions of s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against the deemed refusal of Development Application No. D/2019/367 for alterations and additions to an existing industrial building (the proposal) at 42-48 John Street, Leichhardt (the site) by Inner West Council (the Council).

  2. The proposal includes internal changes, façade improvements, a new awning, altering an existing driveway to the John Street frontage and introducing a new driveway crossing on the John Street frontage.

  3. The Court arranged a conciliation conference under s 34 of the Land and Environment Court Act 1979 (LEC Act) between the parties, which has been held on 6 March 2020. I presided over the conciliation conference.

  4. At the conciliation conference, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties.

  5. Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties’ decision, if the parties’ decision is a decision that the Court could have made in the proper exercise of its functions. The parties’ decision involves the Court exercising the function under s 4.16 of the EPA Act to grant consent to the development application.

Orders

  1. The orders of the Court are:

  1. The applicant is granted leave to amend the application to rely on the amended plans listed in condition 3 of the conditions of consent at Annexure A.

  2. The appeal is upheld.

  3. Development Application No. D/2019/367 for alterations and additions to an existing industrial building at 42-48 John Street, Leichhardt, is approved, subject to the conditions of consent at Annexure A.

____________­­­­­­_____

Susan O’Neill

Commissioner of the Court

Annexure A (72.2 KB)

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Decision last updated: 20 March 2020

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