Leichhardt 141 Pty Ltd v Inner West Council

[2016] NSWLEC 1486

Land and Environment Court

New South Wales

Medium Neutral Citation:	Leichhardt 141 Pty Ltd v Inner West Council [2016] NSWLEC 1486
Hearing dates:	Conciliation conference on 6 July, 5, 26 August, 1, 6, 9 September, 6 October 2016
Date of orders:	24 October 2016
Decision date:	24 October 2016
Jurisdiction:	Class 1
Before:	Brown C
Decision:	See (5) below
Catchwords:	DEVELOPMENT APPLICATION: demolition of existing improvements and construction of a residential flat building; 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:	Leichhardt 141 Pty Ltd (Applicant) Inner West Council (Respondent)
Representation:	Counsel: Ms J Reid, barrister (Applicant) Mr S Turner, solicitor (Respondent) Solicitors: Inner West Council (Respondent) - (Applicant)
File Number(s):	2016/00160336
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal against the refusal of D/641/2015 for the demolition of existing improvements and construction of a residential flat building at 141 and 159 Allen Street, Leichhardt.

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, 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 amended plans and documentation:

Drawing Number	Drawn By	Revision Number & Date
DA1001 – Site Analysis Plan	Candalepas Associates	B5 – 30.09.2016
DA1002 – Masterplan Concept	Candalepas Associates	B5 – 30.09.2016
DA1051 – Masterplan Building Envelope Elevations	Candalepas Associates	B5 – 30.09.2016
DA1052 – Masterplan Building Envelope Sections	Candalepas Associates	B5 – 30.09.2016
DA1100 - Basement Plan	Candalepas Associates	B5 – 30.09.2016
DA1101 - Ground Plan	Candalepas Associates	B6 – 05.10.2016
DA1102 - Level 1 & 2 Plan	Candalepas Associates	B6 – 05.10.2016
DA1103 - Level 3 Plan	Candalepas Associates	B5 – 30.09.2016
DA1104 - Level 4 Plan	Candalepas Associates	B5 – 30.09.2016
DA1851 - Development Calculations	Candalepas Associates	B5 – 30.09.2016
DA1105 – Level 5 Plan	Candalepas Associates	B5 – 30.09.2016
DA1106 – Roof Plan	Candalepas Associates	B5 – 30.09.2016
DA1201 - Sections	Candalepas Associates	B5 – 30.09.2016
DA1202 – Driveway Sections	Candalepas Associates	B - 21.01.2016
DA1203 – Allen Street Kerb Elevation	Candalepas Associates	B5 – 30.09.2016
DA1204 – Flood Street Kerb Elevation	Candalepas Associates	B5 – 30.09.2016
DA1301 – North & South Elevation	Candalepas Associates	B5 – 30.09.2016
DA1302 – East & West Elevations	Candalepas Associates	B5 – 30.09.2016
DA1303 - Internal Site Elevations	Candalepas Associates	B5 – 30.09.2016
DA1304 - Internal Site Elevations	Candalepas Associates	B5 – 30.09.2016
DA1305 - Internal Site Elevations	Candalepas Associates	B5 – 30.09.2016
DA1951 – Adaptable Unit Configuration	Candalepas Associates	B5 – 30.09.2016
DA1952 – Mailbox Details	Candalepas Associates	B5 – 30.09.2016
Landscape Plans Landscape Finishes & Levels Plan – L01 Issue A Sections and Schedules Plan – L01 Issue A Roof / Level 3 Plan – LO3 Issue A As amended by sketch JILA July 04.16	Jane Irwin Landscape Architecture	20.10.2015 15.09.2016 20.05.2016

2. The appeal is upheld.

3. Development Application D/2015/641 is approved subject to the conditions set out in Annexure “A”.

4. No order as to cost.

…………….

G T Brown

Commissioner

160336.16 - Annexure A (259 KB, pdf)

Decision last updated: 25 October 2016