Greg Boyce v Inner West Council

[2017] NSWLEC 1268

Land and Environment Court

New South Wales

Medium Neutral Citation:	Greg Boyce v Inner West Council [2017] NSWLEC 1268
Hearing dates:	Conciliation Conference 8 and 29 March and 27 April 2017
Date of orders:	29 May 2017
Decision date:	29 May 2017
Jurisdiction:	Class 1
Before:	Brown C
Decision:	See (5) below
Catchwords:	DEVELOPMENT APPLICATION: demolition of existing structures and construction of a 6 storey boarding house - conciliation conference; agreement between the parties; orders
Legislation Cited:	Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Greg Boyce (Applicant) Inner West Council (Respondent)
Representation:	Counsel Mr M Staunton, barrister (Applicant) Ms J Hewitt, solicitor (Respondent) Solicitors: -(Applicant) HWL Ebsworth (Respondent)
File Number(s):	2016/355673
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal against the refusal of Development Application DA. DA201600529 for the demolition of existing structures and construction of a 6 storey boarding house containing 48 rooms for lodgers and 3 on-site manager's accommodation rooms with associated carparking for 12 cars at 22 Fisher Street, Petersham.

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 granted leave to rely upon the following amended plans / documents:

1. The following architectural plans prepared by Tank and dated 9 April 2017 set out in the below table

100 Issue C	Basements 1 & 2	9/4/17	Tank
120 Issue E	Ground Floor Plans	9/4/17	Tank
130 Issue D	Plans Level 1 and 2	9/4/17	Tank
140 Issue D	Plans Level 3 & 4	9/4/17	Tank
150 Issue D	Plans Level 5	9/4/17	Tank
160 Issue D	Roof Plans and 3D view	9/4/17	Tank
200 Issue C	Fisher St Elevation Schedule of Finishes	9/4/17	Tank
201 Issue D	Fozzard Lane Elevation Section A	9/4/17	Tank
202 Issue C	Eastern Elevation & 3 D views	9/4/17	Tank
203 Issue D	Western Elevation & 3D views	9/4/17	Tank
204 Issue C	Section B	9/4/17	Tank
600 Issue B	Typical Bulkhead Layout	17/3/17	Tank
601 Issue C	Western Façade Details	9/4/17	Tank
300 Issue B	FSR Calculations	25/4/17	Tank

2. Stormwater Drainage Plans prepared by J & M Group: H5500 (Rev B), H5501 (Rev B), H5503 (Rev B), H5504 (Rev B), H5505 (Rev B), H5506 (Rev B), H5507 (Rev B) dated 22 March 2017 and H5502 (Rev D) and H5511 (Rev B) dated 12 April 2017.

3. Addendum to Statement of Environmental Effects prepared by DFP Planning Consultants and dated 27 April 2017.

4. Letter from McLaren Engineering "Interim Parking Provision Proposed Boarding House at 22 Fisher Street, Petersham", dated 27 March 2017.

5. Letter from McLaren Engineering " Prelimnary Traffic Advice in Relation to Vehicular Access from Fozzard Lane" dated 5 April 2017.

2. The Applicant is to pay the Respondent’s costs thrown away in respect of the amended plans / documents which are agreed in the sum of $ 7,500.

3. The appeal is upheld.

4. Development Application DA. DA201600529 (“Application”) for the demolition of existing structures and construction of a 6 storey boarding house containing 48 rooms for lodgers and 3 on-site manager's accommodation rooms with associated carparking for 12 cars at 22 Fisher Street, Petersham is approved subject to the conditions annexed to this agreement as Annexure "A".

…………….

G Brown

Commissioner of the Court

355673.16 Brown (C) (297 KB, pdf)