Iron Wealth Pty Ltd trading as Makary Developments v Fairfield City Council
[2018] NSWLEC 1110
•06 March 2018
Land and Environment Court
New South Wales
Medium Neutral Citation: Iron Wealth Pty Ltd trading as Makary Developments v Fairfield City Council [2018] NSWLEC 1110 Hearing dates: Conciliation conference 1 March 2018 Date of orders: 06 March 2018 Decision date: 06 March 2018 Jurisdiction: Class 1 Before: Brown C Decision: See (5) below
Catchwords: DEVELOPMENT APPLICATION: demolition of existing structures, construction of a six (6) storey residential flat building; conciliation conference; agreement between the parties; orders Legislation Cited: Environmental Planning and Assessment Act 1979
Land and Environment Court Act 1979Category: Principal judgment Parties: Iron Wealth Pty Ltd trading as Makary Developments (Applicant)
Fairfield City Council (Respondent)Representation: Solicitors:
Vasili Conomos, Conomos Legal (Applicant)
Adam Seton, Marsdens Law Group (Respondent)
File Number(s): 2017/112959 Publication restriction: No
Judgment
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COMMISSIONER: This is an appeal against the refusal of Development Application No. DA-675/2016 for the demolition of existing structures, construction of a six (6) storey residential flat building and associated landscaping at 121 Arbutus Street & 134-136 Cambridge Street, Canley Heights.
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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:
The Applicant is granted leave to amend Development Application No. DA-675.1/2016 and to rely upon the following amended plans and documents:
Drawing No.
Revision
Drawn by
Date
A-02.1
9
Apex Intelligent Design
1 March 2018
A-03.1
9
Apex Intelligent Design
1 March 2018
A-03.2
9
Apex Intelligent Design
1 March 2018
A-04.1
9
Apex Intelligent Design
1 March 2018
A-04.2
9
Apex Intelligent Design
1 March 2018
A-04.3
9
Apex Intelligent Design
1 March 2018
A-04.4
9
Apex Intelligent Design
1 March 2018
A-04.5
9
Apex Intelligent Design
1 March 2018
A-04.6
9
Apex Intelligent Design
1 March 2018
A-04.7
9
Apex Intelligent Design
1 March 2018
A-05.1
9
Apex Intelligent Design
1 March 2018
A-05.2
9
Apex Intelligent Design
1 March 2018
A-9
9
Apex Intelligent Design
1 March 2018
A-10
9
Apex Intelligent Design
1 March 2018
A-11
9
Apex Intelligent Design
1 March 2018
A-12
9
Apex Intelligent Design
1 March 2018
SM-01
7
Apex Intelligent Design
14 February 2017
A-2.2
8
Apex Intelligent Design
18 October 2017
The appeal is upheld.
Development Application No. DA-675/2016 (as amended) for the demolition of existing structures, construction of a six (6) storey residential flat building (comprising of 33 apartments) above a split / multi-level basement car park (containing 46 spaces) and associated landscaping on Lots 5, 6 & 7 DP 23109 (otherwise known as 121 Arbutus Street & 134-136 Cambridge Street, Canley Heights) is approved subject to the conditions in Annexure “A”.
……………………….
Graham Brown
Commissioner of the Court
Annexure A (183 KB, pdf)
Decision last updated: 06 March 2018
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