Norton Street Pty Ltd v Inner West Council

[2019] NSWLEC 1208

Land and Environment Court

New South Wales

Medium Neutral Citation:	Norton Street Pty Ltd v Inner West Council [2019] NSWLEC 1208
Hearing dates:	Conciliation conference on 26 April 2019
Date of orders:	14 May 2019
Decision date:	14 May 2019
Jurisdiction:	Class 1
Before:	Chilcott C
Decision:	The Court orders: (1)   Leave is granted to the Applicant to rely on the amended architectural plans and stormwater drainage plans set out in conditions 1 and 6(a), respectively, of Annexure A. (2) The Applicant is to pay the Respondent’s costs that are thrown away as a result of amending the application for development consent, in accordance with section 8.15(3) of the Environmental Planning and Assessment Act 1979, in the amount of $6,000.00 (inclusive of GST) within 28 days of the date of these orders. (3)   The appeal is upheld. (4)   Development consent is granted to Development Application No. D/2018/184 for the demolition of existing structures and construction of a four storey mixed use building comprising commercial space on the ground floor and six residential apartments on the first, second and third levels, and associated works, including car parking on Lot 26 of Section 3 in Deposited Plan 1162, known as 324 Norton Street, Leichhardt, subject to the conditions of consent in Annexure A.
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:	Norton Street Pty Ltd (Applicant) Inner West Council (Respondent)
Representation:	Solicitors: M Jaku, Jaku Legal (Applicant) M Bonanno, Inner West Council (Respondent)
File Number(s):	2018/185802
Publication restriction:	No

Judgment

1. COMMISSIONER: Norton Street Pty Ltd (the Applicant) has appealed the deemed refusal by Inner West Council (the Respondent) of its development application (D/2018/184) for the demolition of existing structures and construction of a four storey mixed use building comprising commercial space on the ground floor and residential apartments at the first, second and third levels, and associated works including car parking, at 324 Norton Street, Leichhardt (Lot 26, of section 3, in DP1162) (the Subject Site).

2. The appeal comes to the Court pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act), and falls within Class 1 of the Court’s jurisdiction.

3. The Court arranged a conciliation conference under s 34(1) of the Land and Environment Court Act 1979 (LEC Act) between the parties, which was held on 26 April 2019, and I presided over the conciliation conference.

4. 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 consent to the development application, subject to conditions.

5. 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.

6. There are no jurisdictional prerequisites that must be satisfied before this function can be exercised.

7. 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.

8. 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.

9. The Court orders:

1. Leave is granted to the Applicant to rely on the amended architectural plans and stormwater drainage plans set out in conditions 1 and 6(a), respectively, of Annexure A.

2. The Applicant is to pay the Respondent’s costs that are thrown away as a result of amending the application for development consent, in accordance with section 8.15(3) of the Environmental Planning and Assessment Act 1979, in the amount of $6,000.00 (inclusive of GST) within 28 days of the date of these orders.

3. The appeal is upheld.

4. Development consent is granted to Development Application No. D/2018/184 for the demolition of existing structures and construction of a four storey mixed use building comprising commercial space on the ground floor and six residential apartments on the first, second and third levels, and associated works, including car parking on Lot 26 of Section 3 in Deposited Plan 1162, known as 324 Norton Street, Leichhardt, subject to the conditions of consent in Annexure A.

………………………

M Chilcott

Commissioner of the Court

Annexure A (217 KB, pdf)

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Decision last updated: 14 May 2019