Cash Warwick Pty Ltd v Georges River Council

Case •

[2017] NSWLEC 1181

•

06 April 2017

No judgment structure available for this case.

Land and Environment Court


New South Wales

Medium Neutral Citation: Cash Warwick Pty Ltd v Georges River Council [2017] NSWLEC 1181
Hearing dates: Conciliation Conference on 6 April 2017
Date of orders: 06 April 2017
Decision date: 06 April 2017
Jurisdiction:Class 1
Before: Chilcott 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: Cash Warwick Pty Ltd (Applicant)
Georges River Council (Respondent)
Representation: M Sonter, Mills Oakley (Applicant)
M Cottom, HWL Ebsworth Lawyers (Respondent)
File Number(s): 2016/380571
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 rely on the following amended plans:

Architectural plans prepared by Dickson Rothschild - Project No 15-084

  1. DA-002 - Summary Sheet (Revision 7, dated 20 March 2017)

  2. DA-103 - Site Plan (Revision 5, dated 7 March 2017)

  3. DA-200 - Basement 3 (Revision 2, dated 20 March 2017)

  4. DA-201 - Basement 2 (Revision 6, dated 7 March 2017)

  5. DA-202 - Basement 1 / Ground Floor - Bldg B (Revision 7, dated 20 March 2017)

  6. DA-203 - Ground Floor - Bldg A / Level 1 - Bldg B (Revision 7, dated 20 March 2017)

  7. DA-204 - Level 1-2 - Bldg A / Level 2-3 - Bldg B (Revision 5, dated 1 February 2017)

  8. DA-205 - Level 3 - Bldg A / Level4 - Bldg B (Revision 4, dated 1 February 2017)

  9. DA-206 - Level 4-6 - Bldg A / Level 5 Bldg B (Revision 6, dated 7 March 2017)

  10. DA-207 - Level 7 - Roof Garden - Bldg A (Revision 7, dated 20 March 2017)

  11. DA-208 - Roof - Bldg A (Revision 7, dated 20 March 2017)

  12. DA-301 - Section A-A (Revision 6, dated 7 March 2017)

  13. DA-302 - Section B-B (Revision 6, dated 20 March 2017)

  14. DA-401 - North Elevation (Revision 5, dated 7 March 2017)

  15. DA-402 - South Elevation (Revision 5, dated 7 March 2017)

  16. DA-403 - East Elevation (Revision 5, dated 7 March 2017)

  17. DA-404 - Inner East Elevation (Revision 5, dated 7 March 2017)

  18. DA-405 - West Elevation (Revision 6, dated 20 March 2017)

  19. DA-703 - Common Space Diagrams (Revision 6, dated 20 March 2017)

  20. DA-704 - Deep Soil Diagram (Revision 6, dated 20 March 2017)

  21. DA-705 - Ramp Details (Revision 6, dated 20 March 2017)

  22. DA-706 - Tree Location Diagram (Revision 3, dated 1 February 2017)

  23. DA-707 - Demolition Plan (Revision 3, dated 1 February 2017)

  24. DA-708 - Amalgamation Plan (Revision 3, dated 1 February 2017)

  25. DA-721 - Waste Management Details (Revision 2, dated 1 February 2017)

  26. DA-731 - C.O.S. - Core Detail (Revision 2, dated 20 March 2017)

  27. DA-750 - Adaptable Unit - Type 1 (Revision 3, dated 1 February 2017)

  28. DA-751 - Adaptable Unit - Type 2 (Revision 3, dated 1 February 2017)

  29. DA-752 - Adaptable Unit - Type 3 (Revision 3, dated 1 February 2017)

  30. DA-901 - Materials & Finishes (Revision 4, dated 1 February 2017)

Landscape plans prepared by TaylorBrammer - Project No 15-098W - dated 6 March 2017

  1. LC01 - Landscape Concept Plan - Ground Floor and Level 1 (Revision C)

  2. LC02 - Landscape Concept Plan - Rooftop Gardens (Revision C).

  1. The applicant is to pay those costs of the respondent that are thrown away as a result of amending the development application, as agreed or assessed.

  2. The appeal is upheld.

  3. Development Application DA99/2016 for consent to carry out the demolition of all dwellings, construction of 1 x 7-storey and 1 x 5-storey residential flat buildings (67 units in total), basement parking and strata subdivision on Lots 45, 46, 47, 48 and 49 in DP 1999 known as 832-836 King Georges Road and 51 Connells Point Road, South Hurstville is determined by the granting of consent subject to the conditions in Annexure "A".

…………….

Michael Chilcott

Commissioner of the Court

380571.16 Annexure A (C) (180 KB, pdf)

380571.16 Plans (18.9 MB, pdf)

Decision last updated: 07 April 2017

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