Environa Studio Pty Ltd v City of Canada Bay Council
[2018] NSWLEC 1481
•07 September 2018
Land and Environment Court
New South Wales
Medium Neutral Citation: Environa Studio Pty Ltd v City of Canada Bay Council [2018] NSWLEC 1481 Hearing dates: Conciliation conference on 7 September 2018 Date of orders: 07 September 2018 Decision date: 07 September 2018 Jurisdiction: Class 1 Before: Chilcott C Decision: See [4] below
Catchwords: DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders Legislation Cited: Environmental Planning and Assessment Act 1979
Land and Environment Court Act 1979Category: Principal judgment Parties: Environa Studio Pty Ltd (Applicant)
City of Canada Bay Council (Respondent)Representation: Solicitors:
S Hale, Mills Oakley (Applicant)
J Ede, Wilshire Webb Staunton Beattie (Respondent)
File Number(s): 2017/292337 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:
The Applicant is granted leave to rely upon the following amended plans and documents:
Plan No.
Title
Prepared by
Date
030 Rev H
Site Plan
Environa Studio
16 July 2018
100 Rev C
Floor Plan – Basement
Environa Studio
16 July 2018
101 Rev H
Floor Plan – Level 1
Environa Studio
16 July 2018
102 Rev H
Floor Plan – Level 2
Environa Studio
16 July 2018
103 Rev H
Floor Plan – Level 3
Environa Studio
16 July 2018
104 Rev H
Floor Plan – Level 4
Environa Studio
16 July 2018
110 Rev H
Roof Plan
Environa Studio
16 July 2018
120 Rev H
Section AA
Environa Studio
16 July 2018
121 Rev H
Section BB
Environa Studio
16 July 2018
122 Rev C
Section CC
Environa Studio
16 July 2018
123 Rev A
Section DD
Environa Studio
16 July 2018
124 Rev A
Section DD Sheet 2
Environa Studio
16 July 2018
130 Rev H
South West Elevation
Environa Studio
16 July 2018
131 Rev H
North East Elevation
Environa Studio
16 July 2018
132 Rev H
North West Elevation
Environa Studio
16 July 2018
133 Rev H
South East Elevation
Environa Studio
16 July 2018
901 Rev H
3D Perspectives Sheet 1
Environa Studio
16 July 2018
902 Rev H
3D Perspectives Sheet 2
Environa Studio
16 July 2018
903 Rev C
3D Perspectives Sheet 3
Environa Studio
16 July 2018
904 Rev C
3D Perspectives Sheet 4
Environa Studio
16 July 2018
910 Rev H
Shadow Diagrams June 21 – Plan View
Environa Studio
16 July 2018
913 Rev H
Solar Access Study – Communal Living Room Glazing – 21 June
Environa Studio
16 July 2018
914 Rev H
Solar Access Study – Communal Open Space – 21 June
Environa Studio
16 July 2018
930 Rev F
BASIX Commitments
Environa Studio
16 July 2018
980 Rev H
Area Calculation Summary – Sheet 1
Environa Studio
16 July 2018
981 Rev H
Area Calculation Summary – Sheet 2
Environa Studio
16 July 2018
982 Rev H
Area Calculation Summary – Sheet 3
Environa Studio
16 July 2018
L 501 Rev B
Specifications and Plant Schedule
ELKE
25 May 2018
L 502 Rev B
Details
ELKE
25 May 2018
L 101 Rev E
North Eastern Zone
ELKE
25 May 2018
L 102 Rev E
Western Zone
ELKE
25 May 2018
L 103 Rev A
Level 2 and 3 Balconies
ELKE
25 May 2018
L 104 Rev A
Rooftop Planters
ELKE
25 May 2018
C1 Rev E
Coversheet and notes
ACOR
13 July 2018
C2 Rev E
Stormwater Management Plan – Basement
ACOR
13 July 2018
C3 Rev E
Stormwater Management Plan – Level 1 (Sheet 1)
ACOR
13 July 2018
C4 Rev E
Stormwater Management Plan – Level 1 (Sheet 2)
ACOR
13 July 2018
C5 Rev E
Stormwater Management Details Sheet No. 1
ACOR
13 July 2018
C6 Rev E
Stormwater Management Details Sheet No. 2
ACOR
13 July 2018
C7 Rev E
Stormwater Management Details Sheet No. 3
ACOR
13 July 2018
C8 Rev E
Stormwater Management Details Sheet No. 4
ACOR
13 July 2018
C9 Rev E
Stormwater Management Details Sheet No. 5
ACOR
13 July 2018
Sheet 1
Plan Showing Selected Detail & Levels Over No. 19 Bibby Street, Chiswick
Norton Survey Partners
28 August 2018
PTC-001 Rev 1
Ground Clearance Assessment
PTC Consultants
12 July 2018
Clause 4.6 request for an exception to the height of buildings development standard
Sutherland & Associates Planning
7 September 2018
The Applicant is to pay the costs of the Respondent thrown away as a result of amending the development application pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 in the sum of $7,000 within 28 days.
The Applicant’s clause 4.6 written request to vary the height limit is upheld.
The appeal is upheld.
Development Application No. DA2017/0234 for the demolition of the existing structures and construction a new four (4) storey boarding house comprising 31 boarding rooms (including a caretaker’s room) at 19 Bibby Street, Chiswick, is approved, subject to the conditions set out in Annexure “A”.
……………………….
Michael Chilcott
Commissioner of the Court
Annexure A (521 KB, pdf)
Decision last updated: 11 September 2018
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