Crest No1 Pty Limited v Liverpool City Council

[2018] NSWLEC 1122

Land and Environment Court

New South Wales

Medium Neutral Citation:	Crest No1 Pty Limited v Liverpool City Council [2018] NSWLEC 1122
Hearing dates:	Conciliation conference on 18 December 2017; 30 January 2018; 6, 16 & 28 February 2018 and 9 March 2018
Date of orders:	09 March 2018
Decision date:	09 March 2018
Jurisdiction:	Class 1
Before:	Dickson C
Decision:	See (5) below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Liverpool Local Environmental Plan 2008
Category:	Principal judgment
Parties:	Crest No1 Pty Limited (Applicant) Liverpool City Council (Respondent)
Representation:	Solicitor: Anthony Boskovitz, Boskovitz & Associates Solicitors (Applicant) Elizabeth Espinosa, Liverpool City Council (Respondent)
File Number(s):	2017/242419
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal against the actual refusal by Liverpool City Council of development application DA-989/2016. The application sought consent for Lot consolidation and construction of a 10 storey residential flat building containing 26 residential apartments over two levels of basement for 20 vehicles. The works are proposed at 48 Speed Street, Liverpool.

2. 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”.

3. 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.

4. 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.

5. 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 rely on the following plans:

1. Architectural Plans

Description	Drawing No.	Date	Prepared by
Cover page	01	Jan 18	Baini Design
Compliance Table	02	Jan 18	Baini Design
Basements 1 - 2	03	Jan 18	Baini Design
Site Plan / Ground Floor	04	Jan 18	Baini Design
Levels 1-3	05	Jan 18	Baini Design
Levels 4 & 5	06	Jan 18	Baini Design
Level 6	07	Jan 18	Baini Design
Elevations 1	10	09/02/18	Baini Design
Elevations 2	11	09/02/18	Baini Design
Elevations 3	12	09/02/18	Baini Design
3D views 1	13	09/02/18	Baini Design
3D views 2	14	09/02/18	Baini Design
3D views 3	15	09/02/18	Baini Design
Perspective 2	16	09/02/18	Baini Design
Roof Plan	17	09/02/18	Baini Design

2. Landscape Plans

Description	Drawing No.	Date	Prepared by
Landscape plan – Ground Floor	1438.GD.01	12/02/18	Greenland Design Pty Ltd
Landscape Plan – Level 6	1438.GD.02	12/02/18	Greenland Design Pty Ltd
Landscape Details & Specification	1438.GD.03	12/02/18	Greenland Design Pty Ltd

2. The Applicant is to pay the costs of the Respondent thrown away as a result of amending the development application pursuant to section 97B(2) of the Environmental Planning and Assessment Act 1979 in the amount of $2,000.

3. The appeal is upheld.

4. The requests to vary the Building Street frontage and Building Separation controls in Liverpool Local Environmental Plan 2008 are upheld.

5. Development consent is granted to Development Application No. DA989/2016 for the lot consolidation and construction of a part 4 and part 7 storey residential flat building containing 17 residential apartments (6x studio, 7x 1-bedrom & 4x2 bedroom) and two levels of basement for 16 vehicles on the land described as Lots 45 in DP568886 and Lot 2 in DP 621948 with the street address of 48 Speed Street, Liverpool subject to the conditions of consent annexed hereto and marked “A”.

……………………….

D M Dickson

Commissioner of the Court

Annexure A (167 KB, pdf)

Annexure B (8.87 MB, pdf)