Olsson and Associates Architects Pty Ltd v City of Botany Bay
[2016] NSWLEC 1254
•17 June 2016
Land and Environment Court
New South Wales
- Amendment notes
Medium Neutral Citation: Olsson & Associates Architects Pty Ltd v City of Botany Bay [2016] NSWLEC 1254 Hearing dates: Conciliation conference on 9 December 2015, 9 February, 13 April, 30 May, 3, 17 June 2016 Date of orders: 17 June 2016 Decision date: 17 June 2016 Jurisdiction: Class 1 Before: Hussey AC Decision: See (4) below
Catchwords: Development Application: construction of 2 x residential flat buildings containing 108 apartments & 2 commercial units and 4 levels of parking. Acoustic privacy, building design, depth/separation, privacy, ventilation, solar access, site isolation, car parking, waste management; conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: Olsson & Associates Architects Pty Ltd (Applicant)
City of Botany Bay (Respondent)Representation: Solicitors:
Mr Matt Sonter, Mills Oakley Lawyers (Applicant)
Ms Alice Spizzo, Landerer & Company (Respondent)
File Number(s): 159513 of 2016 Publication restriction: No
Judgment
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ACTING 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”.
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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 amend the development application by substituting the following plans as the plans relied upon for the purpose of the development application:
Drawing
Title
Rev
Rev Date (Month)
DA01
Project Summary
N
MAY
DA02
Site Plan
L
MAY
DA03
Basement 2
M
MAY
Da03.1
Basement 1
M
MAY
DA04
Ground (Church Avenue)
M
MAY
DA05
Level 1 (John Street Entry)
M
MAY
DA06
Level 2 (Lower Podium)
L
MAY
DA07.1
Level 3 - 8 (Typ. Apartments)
L
MAY
DA07.2
Level 9-10 (Typ. Apartments)
L
MAY
DA07.3
Level 11 - 12 (Typ. Apartments)
L
MAY
DA07.4
Level 13
L
MAY
DA11
Roof Plan
M
MAY
DA12
Elevations - North/South
M
MAY
DA13
Elevations - West
M
MAY
DA14
Elevations - East
M
MAY
DA15
North Elevation Building B
M
MAY
DA16
South Elevation Building A
M
MAY
DA17
Section A-A
L
MAY
DA18
Materials and Finishes
L
MAY
DA019
GFA Calculations
M
MAY
DA020
GFA Calculations
L
MAY
DA23
Public Domain Perspectives
C
MAY
DA26.1
222-228 Coward Street View Loss Analysis - 2 Tower Proposal
C
MAY
DA26.2
222-228 Coward Street View Loss Analysis - 3 Tower Proposal
A
MAY
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 amount of $45,000 within 28 days of the date of these orders.
The appeal is upheld.
Development Application DA 271/2013 for demolition of the existing structures, site excavation, remediation, and construction of two residential flat buildings containing 108 residential apartments and 2 commercial units facing both street frontages including 4 levels of parking to accommodate 208 vehicles at 27 Church Avenue, 18A and 20-22 John Street, Mascot is approved subject to the conditions contained in Annexure “A”.
…………….
R Hussey
Acting Commissioner
159513.16 - Annexure A - Amended on 21 September 2016 (217 KB, pdf)
159513.16 Plans (10.6 MB, pdf)
Amendments
28 September 2016 - Amended 'Annexure A'.
Decision last updated: 28 September 2016
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