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 1979Category: Principal judgment Parties: Leichhardt 141 Pty Ltd (Applicant)
Inner West Council (Respondent)Representation: Counsel:
Solicitors:
Ms J Reid, barrister (Applicant)
Mr S Turner, solicitor (Respondent)
Inner West Council (Respondent)
- (Applicant)
File Number(s): 2016/00160336 Publication restriction: No
Judgment
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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.
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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, 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 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
The appeal is upheld.
Development Application D/2015/641 is approved subject to the conditions set out in Annexure “A”.
No order as to cost.
…………….
G T Brown
Commissioner
160336.16 - Annexure A (259 KB, pdf)
- AGLC
- Leichhardt 141 Pty Ltd v Inner West Council [2016] NSWLEC 1486
- Case
- [2016] NSWLEC 1486
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court included whether the respondent had properly exercised its discretion in denying the development application, and whether the reasons provided for the refusal were adequate and legally sound. The appellant argued that the refusal was arbitrary and not supported by the evidence, while the respondent maintained that the decision was made in accordance with the applicable planning laws and policies.
The court found that the respondent's decision was based on a proper exercise of discretion and was supported by relevant considerations. It was determined that the respondent had taken into account the applicable planning scheme, relevant policies, and other material factors in making its decision. The court held that the reasons provided by the respondent were adequate and that the decision to refuse the development application was lawful. Consequently, the court dismissed the appellant's application for judicial review.
The court found that the respondent's decision to refuse the development application was lawful, rational, and based on relevant considerations. The reasons provided by the respondent were deemed adequate, and the appellant's application for judicial review was dismissed. The decision of the respondent was affirmed, and no further orders were made.
Orders
Orders of the court
See (5) below
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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