Liquid Design Pty Ltd v Strathfield Council

[2019] NSWLEC 1047

Land and Environment Court

New South Wales

Medium Neutral Citation:	Liquid Design Pty Ltd v Strathfield Council [2019] NSWLEC 1047
Hearing dates:	Conciliation conference on 1 February 2019
Date of orders:	07 February 2019
Decision date:	07 February 2019
Jurisdiction:	Class 1
Before:	Walsh C
Decision:	See orders at [7] 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 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy No 55—Remediation of Land Strathfield Local Environmental Plan 2012
Category:	Principal judgment
Parties:	Liquid Design Pty Ltd (Applicant) Strathfield Council (Respondent)
Representation:	Solicitors: V Conomos, Conomos Legal (Applicant) M Cottom, Pikes & Verekers Lawyers (Respondent)
File Number(s):	2018/158487
Publication restriction:	No

Judgment

1. COMMISSIONER: The proceedings, brought under Class 1 of the Court’s jurisdiction, comprise an appeal pursuant to s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against the Respondent’s refusal of development application DA2018/001 (DA) for demolition of existing improvements and construction of a boarding house, at Lot 16 in Deposited Plan 11427, being 32 Courallie Avenue, Homebush West (site).

2. The Court arranged a conciliation conference between the parties under s 34(1) of the Land and Environment Court Act 1979 (LEC Act), which was held on 1 February 2019. I presided over the conciliation conference.

3. At the conciliation conference, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties. This decision involved the Court upholding the appeal and granting development consent to the development application subject to conditions.

4. Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties’ decision if the parties’ decision is a decision that the Court could have made in the proper exercise of its functions. The parties’ decision involves the Court exercising the function under s 4.16 of the EPA Act to grant consent to the development application. The parties advise there are no jurisdictional impediments to this occurring and I note in particular that:

1. the development to be carried out complies with the prerequisites in State Environmental Planning Policy (Affordable Rental Housing) 2009;

2. there are no requirements of the Strathfield Local Environmental Plan 2012 that would prevent the Court granting development consent to the development application; and

3. the requirements of State Environmental Planning Policy No 55—Remediation of Land have been satisfied.

5. Mindful of the advice of the parties, I am satisfied that the parties’ decision is one that the Court could have made in the proper exercise of its functions, as required by s 34(3) of the LEC Act.

6. As the parties’ decision is a decision that the Court could have made in the proper exercise of its functions, I am required under s 34(3) of the LEC Act to dispose of the proceedings in accordance with the parties’ decision.

7. The Court orders:

1. The Applicant is given leave to amend the development application and rely upon the following plans in the proceedings:

Drawing No.	Title/Description	Prepared by	Issue / Revision & Date	Date received by Council
A2000	Basement Plan	Liquid Design	Rev K, dated 19 December 2018	20 December 2018
A2001	Ground Floor Plan	Liquid Design	Rev K, dated 19 December 2018	20 December 2018
A2002	Level 1 Plan	Liquid Design	Rev J, dated 3 December 2018	12 December 2018
A2003	Level 2 Plan	Liquid Design	Rev I, 3 December 2018	12 December 2018
A2004	Level 3 Plan	Liquid Design	Rev I, dated 19 December 2018	20 December 2018
A2006	Roof Plan	Liquid Design	Rev H, dated 19 December 2018	20 December 2018
A3000	East & West Elevations	Liquid Design	Rev H, dated 3 December 2018	12 December 2018
A3001	North & South Elevations	Liquid Design	Rev H, dated 3 December 2018	12 December 2018
A4000	Long Sections	Liquid Design	Rev K, dated 19 December 2018	20 December 2018
A4001	Cross Sections	Liquid Design	Rev G, dated 3 December 2018	12 December 2018
A4002	Driveway Sections	Liquid Design	Rev A, dated 19 December 2018	20 December 2018
A9100	Finishes	Liquid Design	Rev D, 30 July 2018	12 December 2018
9311	Privacy Study	Liquid Design	Rev D, 3 December 2018	12 December 2018

2. The Applicant is to pay those costs of the Respondent thrown away as a result of amending the development application pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed.

3. The appeal is upheld.

4. Development application DA2018/001 seeking approval for the demolition of existing structures and construction of a four (4) storey boarding house containing 15 lodger rooms and 1 manager’s room over a single level of basement parking is approved subject to the conditions in Annexure A.

……………………….

Peter Walsh

Commissioner of the Court

Annexure A (561 KB, pdf)

Plans (13.5 MB, pdf)

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Decision last updated: 12 February 2019