Loftus Apartments Pty Ltd v Strathfield Council

[2016] NSWLEC 1588

Land and Environment Court

New South Wales

Medium Neutral Citation:	Loftus Apartments Pty Ltd v Strathfield Council [2016] NSWLEC 1588
Hearing dates:	Conciliation conference on 23, September, 27 October, 3, 9, 25 & 30 November 2016
Date of orders:	30 November 2016
Decision date:	30 November 2016
Jurisdiction:	Class 1
Before:	Hussey AC
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION: Demolition, construction of an in-fill affordable housing development (RFB), site isolation, height, building design, communal open space, deep soil, waste collection/management, conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Loftus Apartments Pty Ltd (Applicant) Strathfield Council (Respondent)
Representation:	Mr A Whealy, Mills Oakley (Applicant) Mr A Seton, Marsdens Law Group (Respondent)
File Number(s):	2016/188050
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 s34(3) of the Land and Environment Court Act 1979 are:

1. The Applicant is granted leave to amend the development application by substituting the following amended plans and documents relied on for the purpose of the development application:

Plan Number	Name of Plan	Revision Number	Drawn By	Dated
DA001	Site Plan and Site Analysis	A	CDA Architects	27 October 2016
DA002	Key Site Map & LEP Information Maps	A	CDA Architects	27 October 2016
DA003	Proposed Residential Flat Building	A	CDA Architects	27 October 2016
DA100	Lower Basement	D	CDA Architects	4 October 2016
DA101	Upper Basement	F	CDA Architects	28 October 2016
DA102	Ground Floor Plan	F	CDA Architects	28 October 2016
DA103	Level 01 Floor Plan	E	CDA Architects	28 October 2016
DA104	Level 02 Floor Plan	E	CDA Architects	28 October 2016
DA105	Level 03 Floor Plan	D	CDA Architects	4 October 2016
DA106	Level 04 Floor Plan	D	CDA Architects	4 October 2016
DA107	Roof Level Plan	E	CDA Architects	28 October 2016
DA200	Loftus Crescent and Courtyard Elevation Block A	F	CDA Architects	28 October 2016
DA201	North and Courtyard Block B Elevations	D	CDA Architects	4 October 2016
DA202	East and West Elevations	D	CDA Architects	4 October 2016
DA300	Section A and Driveway Section	D	CDA Architects	4 October 2016
DA301	Sections of Breezeway and Section of Waste Holding Area	E	CDA Architects	4 October 2016
DA500	Pre + Post Adaptable Unit Layout	B	CDA Architects	4 October 2016
DA600	Shadow Diagrams – Winter Solstice 1:1000	B	CDA Architects	4 October 2016
DA601	Shadow Diagram 9AM, 21 June 1:100	B	CDA Architects	4 October 2016
DA602	Shadow Diagram 12PM, 21 June 1:100	B	CDA Architects	4 October 2016
DA603	Shadow Diagram 3PM, 21 June 1:100	B	CDA Architects	4 October 2016
DA604	Solar Study Internal Courtyard Elevations -1	E	CDA Architects	3 November 2016
DA605	Solar Study Internal Courtyard Elevations -2	E	CDA Architects	3 November 2016
DA606	Solar Study Internal Courtyard Elevations -3	C	CDA Architects	3 November 2016
DA607	Solar Study Internal Courtyard Elevations -4	C	CDA Architects	3 November 2016
DA700.6	GFA Calculation (Including Breezeway)	F	CDA Architects	28 October 2016
DA701.1	Solar Access Plans – 3 Hours	G	CDA Architects	3 November 2016
DA701.2	Solar Access Plans – 2 Hours	E	CDA Architects	3 November 2016
DA701.3	Solar Access Plan – No direct sunlight	B	CDA Architects	28 October 2016
DA702	Ventilation Diagrams	C	CDA Architects	28 October 2016
DA703	Ventilation Cross Section	B	CDA Architects	4 October 2016
DA704	3D Views	C	CDA Architects	4 October 2016
DA705	Landscape Calculations	D	CDA Architects	4 October 2016
DA706	Common Open Space & Deep Soil Zone	C	CDA Architects	4 October 2016
DA707	Building Depth Details	D	CDA Architects	28 October 2016
DA708	Internal Apartment Bed2 – Detail 1	B	CDA Architects	4 October 2016
DA709	Internal Apartment Bed1 – Detail 1	B	CDA Architects	4 October 2016
DA709.1	Internal Apartment Bed1 – Detail 2	A	CDA Architects	4 October 2016
DA709.2	Internal Apartment Bed1 – Detail 3	A	CDA Architects	4 October 2016
DA709.3	Internal Apartment Bed1 – Detail 4	A	CDA Architects	4 October 2016
DA709.4	Internal Apartment Bed1 – Detail 5	A	CDA Architects	4 October 2016
DA709.5	Internal Apartment Bed1 – Detail 6	A	CDA Architects	4 October 2016
DA730	Material Schedule	B	CDA Architects	4 October 2016
DA731	Front Fence Details	A	CDA Architects	16 October 2016
001	Development Potential Plan for No. 7 Loftus Cres – Sheet 1	A	CDA Architects	4 October 2016
002	Development Potential Plan for No. 7 Loftus Cres – Sheet 2	A	CDA Architects	4 October 2016
003	Development Potential Plan for No. 7 Loftus Cres – Sheet 3	A	CDA Architects	4 October 2016
004	Development Potential Plan for No. 7 Loftus Cres – Sheet 4	A	CDA Architects	4 October 2016
005	Development Potential Plan for No. 7 Loftus Cres – Sheet 5	A	CDA Architects	4 October 2016
LPDA 16 – 187/1	Landscape Plan	E	Conzept Landscape Architects	11 October 2016
LPDA 16 – 187/2	Level 1 Planter Level 4 Common Space	D	Conzept Landscape Architects	11 October 2016
LPDA 16 – 187/3	Details	B	Conzept Landscape Architects	7 October 2016
2015-162-H1	Lower Basement Floor Plan	D	Burgess, Arnott & Grava Pty Ltd	6 October 2016
2015-162-H2	Upper Basement Floor Plan	D	Burgess, Arnott & Grava Pty Ltd	6 October 2016
2015-162-H3	Ground Flooe/Site Plan [sic]	E	Burgess, Arnott & Grava Pty Ltd	6 October 2016
2015-162-H4	Level 01 Floor Plan	C	Burgess, Arnott & Grava Pty Ltd	6 October 2016
2015-162-H5	Level 02 Floor Plan	C	Burgess, Arnott & Grava Pty Ltd	6 October 2016
2015-162-H6	Level 03 Floor Plan	C	Burgess, Arnott & Grava Pty Ltd	6 October 2016
2015-162-H7	Level 04 Floor Plan	C	Burgess, Arnott & Grava Pty Ltd	6 October 2016
2015-162-H8	Roof Plan	C	Burgess, Arnott & Grava Pty Ltd	6 October 2016
2015-162-H9	Stormwater Drainage Concept Details	E	Burgess, Arnott & Grava Pty Ltd	6 October 2016

Document Name	Prepared By	Dated
Acoustic Report	Acoustic Noise & Vibration Solutions P/L	11th October 2016
Waste Management	Elephants Foot	7th October 2016
Access Statement	Accessible Building Solutions	10th October 2016
BASIX Certificate No. 676704M_02	Greenworld Architectural Drafting	10th October 2016
Natural Ventilation Design Certificate - Building A	HHH Consulting	10th October 2016
Natural Ventilation Design Certificate - Building B	HHH Consulting	10th October 2016
Basement Design of Proposed Boarding House Development Report – 7 Loftus Crescent	Motion Traffic Engineers	October 2016
Clause 4.6 Report	Plan Urban Services	15 September 2016

2. The Applicant is to pay those costs of the Respondent thrown away as a result of amending the development application pursuant to section 97B(2) of the Environmental Planning and Assessment Act 1979 in the agreed or assessed.

3. The appeal is upheld.

4. Development application No 2015/139 for demolition of all existing site structures and the construction of two, four and five-storey residential buildings over a common two-level basement car park at 4, 5 and 6 Loftus Crescent, Homebush NSW is approved subject to the conditions contained in Annexure “A”.

…………….

R. Hussey

Acting Commissioner 

188050.16 - Annexure A - Conditions of Consent (110 KB, pdf)

Decision last updated: 09 December 2016