Leda Holdings Pty Ltd v Bayside Council

[2018] NSWLEC 1547

Land and Environment Court

New South Wales

Medium Neutral Citation:	Leda Holdings Pty Ltd v Bayside Council [2018] NSWLEC 1547
Hearing dates:	Conciliation conference on 12 October 2018
Date of orders:	12 October 2018
Decision date:	12 October 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 1979
Category:	Principal judgment
Parties:	Leda Holdings Pty Ltd (Applicant) Bayside Council (Respondent)
Representation:	Solicitors: McLellan, Madison Marcus Law Firm (Applicant) A Epstein, HWL Ebsworth Lawyers (Respondent)
File Number(s):	2017/371046
Publication restriction:	No

Judgment

1. 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”.

2. 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.

3. 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.

4. 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 rely on amended plans being those documents listed in Annexure ‘A’.

2. Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Council's costs thrown away as a result of amending the application in the amount of $20,000 within 28 days of this order.

3. The appeal is upheld.

4. Development consent is granted to Development Application No. 2017/1126 (as amended) for the following development on Lot 471 in DP752015, known as 13-19 Baker Street, Banksmeadow:

1. demolition of the existing factory buildings;

2. construction of a new 2-storey building, comprising: twenty-six (26) warehouse units, with loading bays and ancillary mezzanine office areas;

3. seventy-four (74) secure self-storage spaces;

4. one hundred and twenty-six (126) car parking spaces;

5. landscaping; and

6. strata subdivision.

5. Development consent is granted subject to the Conditions set out in Annexure ‘B’, Plans in Annexure ‘C’ (architectural plans, landscaping plans and stormwater management plans), and draft Strata Subdivision Plans in Annexure ‘D’.

……………………….

M Chilcott

Commissioner of the Court

Annexure A (25.5 KB, pdf)

Annexure B (227 KB, pdf)

Annexure C Architecture Plans (9.26 MB, pdf)

Annexure C Landscape Plans (4.28 MB, pdf)

Annexure C Stormwater Management Plans (3.42 MB, pdf)

Annexure D Draft Strata Plans (1.22 MB, pdf)