Catania v Inner West Council
[2018] NSWLEC 1325
•29 June 2018
Land and Environment Court
New South Wales
Medium Neutral Citation: Catania v Inner West Council [2018] NSWLEC 1325 Hearing dates: Conciliation conference on 7, 21 June 2018 Date of orders: 29 June 2018 Decision date: 29 June 2018 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: Alexander Catania (Applicant)
Inner West Council (Respondent)Representation: Solicitors:
V Conomos, Conomos Legal (Applicant)
G Christmas, Apex Law (Respondent)
File Number(s): 2017/385887 Publication restriction: No
Judgment
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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”.
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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 s 34(3) of the Land and Environment Court Act 1979 are:
Leave is granted to the Applicant to rely on the following amended architectural and landscape plans:
Plan No and Revision
Plan type
Prepared by
Date
DA100 Revision G
Basement 2 plan
BKA Architecture
21/06/18
DA101 Revision G
Basement 1 plan
BKA Architecture
21/06/18
DA102 Revision I
Ground floor plan
BKA Architecture
21/06/18
DA103 Revision H
Level 1 plan
BKA Architecture
15/06/18
DA104 Revision H
Level 2 plan
BKA Architecture
15/06/18
DA105 Revision H
Level 3 plan
BKA Architecture
15/06/18
DA106 Revision H
Level 4 plan
BKA Architecture
15/06/18
DA107 Revision H
Level 5 plan
BKA Architecture
15/06/18
DA108 Revision G
Roof plan
BKA Architecture
15/06/18
DA200 Revision G
Proposed Elevations
BKA Architecture
15/06/18
DA201 Revision G
Proposed Elevations
BKA Architecture
15/06/18
DA202 Revision C
Streetscape elevation
BKA Architecture
15/06/18
DA300 Revision H
Proposed section
BKA Architecture
21/06/18
DA301 Revision B
Section – front façade
BKA Architecture
15/06/18
DA302 Revision A
Section – rear façade
BKA Architecture
15/06/18
DA700 Revision D
Finishes Schedule
BKA Architecture
15/06/18
LPDA18-52 Revision D
Landscape plan page 1
Conzept Landscape Architects
14.06.18
LPDA18-52 Revision B
Landscape Plan page 2
Conzept Landscape Architects
14.0618
LPDA18-52 Revision C
Landscape Plan page 3
Conzept Landscape Architects
14.06.18
Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent’s costs agreed at $1,800.00 upon execution of this Agreement.
The appeal is upheld.
Development consent is granted to DA201700552 for the demolition of the existing buildings; consolidation of 3 lots into 1 lot; and the construction of a 6 storey mixed use development comprising basement car parking for 26 vehicles, a ground floor commercial space, 4 x ground floor serviced apartments and 28 x residential apartments above on the land known as 108-112 Old Canterbury Road, Lewisham subject to the conditions at Annexure “A”.
……………………….
Michael Chilcott
Commissioner of the Court
Annexure A (173 KB, pdf)
Decision last updated: 29 June 2018
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