Bella Ikea Belmore Pty Limited v City of Canterbury Bankstown Council
[2017] NSWLEC 1315
•19 June 2017
Land and Environment Court
New South Wales
- Amendment notes
Medium Neutral Citation: Bella Ikea Belmore Pty Limited v City of Canterbury Bankstown Council [2017] NSWLEC 1315 Hearing dates: Conciliation conference on 16 June 2017 Date of orders: 19 June 2017 Decision date: 19 June 2017 Jurisdiction: Class 1 Before: Brown C Decision: See (5) below
Catchwords: DEVELOPMENT APPLICATION: construction of a residential flat building; conciliation conference; agreement between the parties; orders Legislation Cited: Environmental Planning and Assessment Act 1979
Land and Environment Court Act 1979Category: Principal judgment Parties: Bella Ikea Belmore Pty Limited (Applicant)
City of Canterbury Bankstown Council (Respondent)Representation: Solicitor:
Mr Griffiths, Bartier Perry (Applicant)
Mr Bonanno, Lindsay Taylor Lawyers (Respondent)
File Number(s): 2017/11170 Publication restriction: No
Judgment
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COMMISSIONER: This is an appeal against the refusal of Development Application No. DA-506/2016 for the demolition of existing structures and construction of a six-storey residential flat building including 46 dwellings with basement car parking at 749-757 Canterbury Road, Belmore.
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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”.
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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 appeal is upheld.
The Applicant is granted leave to amend Development Application No. DA-506/2016 and to rely upon the following amended plans and documents, copies of which are behind Annexure “A”:
The Applicant is to pay the Respondent’s costs pursuant to section 97B of the Environmental Planning and Assessment Act 1979, as agreed or assessed.
Development Application No. DA-506/2016 (as amended) for the proposed demolition of existing structures and construction of a six-storey residential flat building including 46 dwellings with basement car parking on Lots 12, 13 and 14 in Deposited Plan 4387, otherwise known as 749-757 Canterbury Road, Belmore, be approved subject to the conditions contained at Annexure “B”.
……………………….
Commissioner G Brown
Annexure “A”- Bella Ikea Belmore Pty Limited v City of Canterbury Bankstown Council - Appeal No 2017/11170
Drawing No.
Drawing Name
Prepared by
Date
S34-000, Revision 02
Cover Page
Bureau SRH Architecture
4 May 2017
S34-001, Revision 02
Site Analysis Plan & Elevation
Bureau SRH Architecture
4 May 2017
S34-002, Revision 02
Demolition Plans
Bureau SRH Architecture
4 May 2017
S34-101, Revision 03
Basement Plans
Bureau SRH Architecture
4 May 2017
S34-102, Revision 03
Site Plan & Ground Floor Plan
Bureau SRH Architecture
4 May 2017
S34-103, Revision 03
Levels 1-3 Plans
Bureau SRH Architecture
4 May 2017
S34-104, Revision 03
Levels 4-5 Plan
Bureau SRH Architecture
4 May 2017
S34-111, Revision 03
FSR Calculations
Bureau SRH Architecture
4 May 2017
S34-112, Revision 03
Area Calculations
Bureau SRH Architecture
4 May 2017
S34-121, Revision 03
Shadow Diagrams – Existing 9am 21st June
Bureau SRH Architecture
4 May 2017
S34-122, Revision 03
Shadow Diagrams – Proposed 9am 21st June
Bureau SRH Architecture
4 May 2017
S34-123, Revision 03
Shadow Diagrams – Existing 12pm 21st June
Bureau SRH Architecture
4 May 2017
S34-124, Revision 03
Shadow Diagrams – Proposed 12pm 21st June
Bureau SRH Architecture
4 May 2017
S34-125, Revision 03
Shadow Diagrams – Existing 3pm 21st June
Bureau SRH Architecture
4 May 2017
S34-126, Revision 03
Shadow Diagrams – Proposed 3pm 21st June
Bureau SRH Architecture
4 May 2017
S34-131, Revision 03
Shadow Diagrams – East Elevation
Bureau SRH Architecture
4 May 2017
S34-132, Revision 03
Shadow Diagrams – North Elevation – Sheet 1
Bureau SRH Architecture
4 May 2017
S34-133, Revision 03
Shadow Diagrams – West Elevation
Bureau SRH Architecture
4 May 2017
S34-134, Revision 03
Shadow Diagrams – North Elevation – Sheet 2
Bureau SRH Architecture
4 May 2017
S34-135, Revision 03
Shadow Diagrams – North Elevation – Sheet 3
Bureau SRH Architecture
4 May 2017
S34-136, Revision 03
Balcony Shadow Diagrams – East Elevation
Bureau SRH Architecture
4 May 2017
S34-137, Revision 03
Balcony Shadow Diagrams – North Elevation
Bureau SRH Architecture
4 May 2017
S34-141, Revision 03
Shadow Diagrams – Neighbour Elevations Sheet 1
Bureau SRH Architecture
4 May 2017
S34-142, Revision 03
Shadow Diagrams – Neighbour Elevations Sheet 2
Bureau SRH Architecture
4 May 2017
S34-143, Revision 03
Shadow Diagrams – Neighbour Elevations Sheet 3
Bureau SRH Architecture
4 May 2017
S34-201, Revision 03
Elevations – Sheet 1
Bureau SRH Architecture
4 May 2017
S34-202, Revision 03
Elevations – Sheet 2
Bureau SRH Architecture
4 May 2017
S34-301, Revision 03
Section AA
Bureau SRH Architecture
4 May 2017
S34-302, Revision 03
Section BB
Bureau SRH Architecture
4 May 2017
S34-303, Revision 03
Section CC
Bureau SRH Architecture
4 May 2017
S34-304, Revision 03
Section DD
Bureau SRH Architecture
4 May 2017
S34-305, Revision 03
Section EE
Bureau SRH Architecture
4 May 2017
S34-311, Revision 03
Driveway & Ramp Sections
Bureau SRH Architecture
4 May 2017
SK00, Revision C
Landscape Site Plan/Roof Plan
Carmichael Studios
Undated
SK01, Revision J
Landscape Plan Ground Floor
Carmichael Studios
Undated
SK02, Revision D
Landscape Plan Level 04
Carmichael Studios
Undated
16H-497-DA-00, Revision B
Drawing Index – Hydraulic
CSM Group
1 May 2017
16H-497-DA-01, Revision A
General Notes & Details
CSM Group
16 August 2016
16H-497-DA-02, Revision B
Concept SW/Drainage Plan – Basement Level 2
CSM Group
1 May 2017
16H-497-DA-03, Revision B
Concept SW/Drainage Plan – Lower Basement Level 1
CSM Group
1 May 2017
16H-497-DA-04, Revision B
Concept SW/Drainage Plan – Ground Level
CSM Group
1 May 2017
16H-497-DA-04, Revision B
Concept SW/Drainage Plan – Ground Level (OSD Details)
CSM Group
1 May 2017
16H-497-DA-06, Revision B
Concept SW/Drainage Plan – Drains Results Sheet 1 of 2
CSM Group
1 May 2017
16H-497-DA-07, Revision B
Concept SW/Drainage Plan – Drains Results Sheet 2 of 2
CSM Group
1 May 2017
16H-497-DA-09, Revision B
Concept SW/Drainage Plan – Roof Level
CSM Group
1 May 2017
16H-497-DA-09, Revision A
Existing Catchment Plan
CSM Group
24 October 2016
16H-497-DA-10, Revision A
Soil and Water Management Plan
CSM Group
24 October 2016
DA211, Revision B
Exterior Finishes Schedule – Sheet 1
Bureau SRH Architecture
9 May 2017
DA212, Revision B
External Finishes Schedule – Sheet 2
Bureau SRH Architecture
9 May 2017
DA213, Revision B
External Finishes Schedule – Sheet 3
Bureau SRH Architecture
9 May 2017
DA214, Revision B
External Finishes Schedule – Sheet 4
Bureau SRH Architecture
9 May 2017
Document
Prepared by
Date
BASIX Certificate Number 771735M_02
Outsource Ideas Pty Ltd
8 May 2017
11170.17 Brown - Stormwater Plans (4.60 MB, pdf)
11170.17 Brown - Landscape Plans (5.76 MB, pdf)
11170.17 Brown - Architectural Plans (4.64 MB, pdf)
11170.17 Brown - Architectural Plans 2 (678 KB, pdf)
11170.17 Brown - Annexure B (299 KB, pdf)
Amendments
21 June 2017 - Clerical error
Decision last updated: 21 June 2017
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