G and G Holdings Group Pty Ltd v Inner West Council

[2018] NSWLEC 1321

Land and Environment Court

New South Wales

Medium Neutral Citation:	G & G Holdings Group Pty Ltd v Inner West Council [2018] NSWLEC 1321
Hearing dates:	Conciliation conference on 12, 15 June 2018
Date of orders:	27 June 2018
Decision date:	27 June 2018
Jurisdiction:	Class 1
Before:	Dickson C
Decision:	See [5] below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	G & G Holdings Group Pty Ltd (Applicant) Inner West Council (Respondent)
Representation:	Solicitors: M Sonter, Mills Oakley (Applicant) S Turner, Inner West Council(Respondent)
File Number(s):	2017/371682
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal by G & G Holdings Group Pty Ltd against Inner West Council’s deemed refusal of DA201700421 lodged on 21 August 2017. The application seeks to demolish existing improvements and subdivide the land into 2 lots and construct a 2 part 3 storey dwelling house on each lot at 2 Merton Street, Petersham (Lot A/DP 384234).

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 s 34(3) of the Land and Environment Court Act 1979 are:

1. The Applicant is granted leave to amend Development Application No. DA201700421 and to rely upon the following amended plans and documents, copies of which are behind Annexure “A”:

Plan, Revision and Issue No.	Plan Name/ Certificate Type	Date Issued	Prepared by
Architectural Plans
A0000 CT03	Cover	08 June 2018	ees lifestyle Pty Ltd
A1001 CT03	Plan: Location	08 June 2018	ees lifestyle Pty Ltd
A1002 CT03	Plan: Site Analysis	08 June 2018	ees lifestyle Pty Ltd
A1003 CT03	Plan: Subdivision	08 June 2018	ees lifestyle Pty Ltd
A2101 CT03	Plan: Lower Ground	08 June 2018	ees lifestyle Pty Ltd
A2102 CT03	Plan: Ground	08 June 2018	ees lifestyle Pty Ltd
A2103 CT03	Plan: Level 01	08 June 2018	ees lifestyle Pty Ltd
A2104 CT03	Plan: Roof	08 June 2018	ees lifestyle Pty Ltd
A2201 CT03	Plan: Area GFA	08 June 2018	ees lifestyle Pty Ltd
A2202 CT03	Plan: Site Coverage	08 June 2018	ees lifestyle Pty Ltd
A3001 CT03	Elevation: Streetscape Merton	08 June 2018	ees lifestyle Pty Ltd
A3002 CT03	Elevation: East (Merton)	08 June 2018	ees lifestyle Pty Ltd
A3003 CT03	Elevation West	08 June 2018	ees lifestyle Pty Ltd
A3004 CT03	Elevation: North	08 June 2018	ees lifestyle Pty Ltd
A3005 CT03	Elevation: South	08 June 2018	ees lifestyle Pty Ltd
A3101 CT03	Section A	08 June 2018	ees lifestyle Pty Ltd
A3102 CT03	Section B	08 June 2018	ees lifestyle Pty Ltd
A3103 CT03	Section C	08 June 2018	ees lifestyle Pty Ltd
A7001 CT03	Schedule: Door	08 June 2018	ees lifestyle Pty Ltd
A7002 CT03	Schedule: Window	08 June 2018	ees lifestyle Pty Ltd
A8101 CT03	Finishes Board	08 June 2018	ees lifestyle Pty Ltd
DA-L101 B	Landscape Plans	04.05.18	Canvas Landscape Architects

2. The appeal is upheld.

3. The Applicant’s clause 4.6 request, prepared by ABC Planning Pty Ltd and dated June 2018, for variation of the Floor Space Ratio development standard under the Marrickville Local Environmental Plan 2011, a copy of which is behind Annexure “B”, is upheld.

4. The applicant is to pay the Council's costs thrown away as a result of the amendment of the application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $5,000 GST exclusive in full and final payment within 28 days.

5. Development Application No. DA201700421 for subdivision of land into 2 Torrens Title allotments, construct a new 2 part 3 storey dwelling house on Lots A & B including a garage at Lot B, at 2 Merton Street, Petersham, be approved subject to the conditions which are behind Annexure “C”.

……………………….

D M Dickson

Commissioner of the Court

Annexure A (4.74 MB, PDF)

Annexure B (1.66 MB, PDF)

Annexure C (127 KB, pdf)