Equity Site Holdings Pty Ltd v Inner West Council
[2016] NSWLEC 1585
•07 December 2016
Land and Environment Court
New South Wales
Medium Neutral Citation: Equity Site Holdings Pty Ltd v Inner West Council [2016] NSWLEC 1585 Hearing dates: Conciliation conference on 9 September 2016, 10, 25 October 2016, 23, 30 November 2016 Date of orders: 07 December 2016 Decision date: 07 December 2016 Jurisdiction: Class 1 Before: Brown C Decision: See (5) below
Catchwords: DEVELOPMENT APPLICATION: demolition of existing improvements and construction of mixed commercial/residential development with basement parking – strata subdivision - conciliation conference; agreement between the parties; orders Legislation Cited: Environmental Planning and Assessment Act 1979
Land and Environment Court Act 1979Category: Principal judgment Parties: Equity Site Holdings Pty Ltd (Applicant)
Inner West Council (Respondent)Representation: Mrs L Finn, Hones Lawyers Pty Ltd (Applicant)
Mr G Christmas, Apex Planning & Environment Law (Respondent)
File Number(s): 2016/00188533 Publication restriction: No
Judgment
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COMMISSIONER: This is an appeal against the refusal of application No.DA201600172 for the demolition of existing improvements and construction of mixed commercial/residential development with basement parking and strata subdivision at 110-112 Addison Road Marrickville.
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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:
Leave is granted to the Applicant to rely on the following amended plans:
Plan and Issue No.
Plan Name
Date Issued
Prepared by
DA000-B
Standard Abbreviation 1
21.10.16
AN+A Architects
DA000-C
Standard Abbreviation 2
21.10.16
AN+A Architects
DA001-B
View 01 – Addison Road Perspective
21.10.16
AN+A Architects
DA002-B
View 02 – Addison Road Perspective
21.10.16
AN+A Architects
DA010-I
Basement Plan
21.10.16
AN+A Architects
DA011-K
Ground Floor Plan
21.10.16
AN+A Architects
DA012-I
Level 1 Plan
21.10.16
AN+A Architects
DA013-I
Level 2 Plan
21.10.16
AN+A Architects
DA014-I
Level 3 Plan
21.10.16
AN+A Architects
DA015-H
Loft Level
21.10.16
AN+A Architects
DA016-D
Roof Plan
21.10.16
AN+A Architects
DA103-C
Pre/Post Adaptable Units – Level 3
21.10.16
AN+A Architects
DA104-C
Pre/Post Adaptable Units – Level 1 & 2
21.10.16
AN+A Architects
DA150-D
Addison Road Elevation - North
21.10.16
AN+A Architects
DA151-D
Illawarra Road Elevation - West
21.10.16
AN+A Architects
DA152-D
South Elevation
21.10.16
AN+A Architects
DA153-D
East Elevation
21.10.16
AN+A Architects
DA160-C
Section AA
21.10.16
AN+A Architects
DA161-D
Section BB
21.10.16
AN+A Architects
DA162-C
Section CC
21.10.16
AN+A Architects
DA163-E
Section DD
21.10.16
AN+A Architects
DA165-C
SEPP 65 Detail Facade
21.10.16
AN+A Architects
DA167-A
1 & 3 Illawarra Section
21.10.16
AN+A Architects
AR-LP01-B – Sheet 1
Existing Trees and Tree Management Plan
01/11/16
BioDesign
AR-LP01-B – Sheet 2
Landscape Plan – Ground Level
01/11/16
BioDesign
AR-LP01-B – Sheet 3
Landscape Plan – Level 1
01/11/16
BioDesign
AR-LP01-B – Sheet 4
Planting Plan – Ground Level
01/11/16
BioDesign
AR-LP01-B – Sheet 5
Planting Plan Level 1
01/11/16
BioDesign
AR-LP01-B – Sheet 6
Sections and Elevations
01/11/16
BioDesign
Pursuant to section 97B of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent’s costs agreed at $4,000.00 upon execution of this Agreement.
The appeal is upheld.
Development consent is granted to DA201600172 for demolition of the existing structures and the construction of a shop top housing development with basement parking and strata subdivision at 110-112 Addison Road, Marrickville subject to the conditions at Annexure “A”.
…………….
Commissioner Brown
188533.16 Brown (C) (328 KB, pdf)
Decision last updated: 08 December 2016
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