Pudig v The Council of the City of Sydney

[2017] NSWLEC 1069

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Pudig & Ors v The Council of the City of Sydney [2017] NSWLEC 1069
Hearing dates:	Conciliation conference on 3 February 2017
Date of orders:	16 February 2017
Decision date:	16 February 2017
Jurisdiction:	Class 1
Before:	Brown C
Decision:	See (5) below
Catchwords:	DEVELOPMENT APPLICATION: adaptive reuse of existing warehouse, including partial retention of existing warehouse for multi-unit housing development - 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:	Grant Pudig (First Applicant) Karyn McLeod (Second Applicant) Jodie Benton (Third Applicant) Benn Bryant (Fourth Applicant) The Council of the City of Sydney (Respondent)
Representation:	Ms Orbell, solicitor - Mills Oakley (Applicant) Ms Bullmore, solicitor - The Council of the City of Sydney (Respondent)
File Number(s):	2016/234946
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal against the refusal of development application D/2015/1752 for the adaptive reuse of an existing warehouse, including partial retention of existing warehouse for multi-unit housing development at 186 Rochford Street, Erskineville.

2. 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”.

3. 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.

4. 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.

5. The final orders to give effect to the parties’ agreement under s34(3) of the Land and Environment Court Act 1979 are:

1. Leave is granted for the Applicants to rely on the following amended plans:

Drawing Number	Architect	Date
101 Revision E Basement Floor Plan	Environa studio	1/12/2016
102 Revision E Level 1 Floor Plan	Environa studio	1/12/2016
103 Revision E Level 2 Floor Plan	Environa studio	1/12/2016
104 Revision E Level 3 Floor Plan	Environa studio	1/12/2016
110 Revision E Roof Plan	Environa studio	1/12/2016
120 Revision E Section AA	Environa studio	1/12/2016
121 Revision E Section BB	Environa studio	1/12/2016
122 Revision E Section CC	Environa studio	1/12/2016
123 Revision E Section DD	Environa studio	1/12/2016
130 Revision E West Elevation	Environa studio	1/12/2016
131 Revision E East Elevation	Environa studio	1/12/2016
132 Revision E North Elevation	Environa studio	1/12/2016
133 Revision E South Elevatio	Environa studio	1/12/2016

2. The Applicants are to pay the Respondent’s costs under s97B of the Environmental Planning and Assessment Act 1979 (NSW) in the amount of $ 2,640.

3. The appeal is upheld.

4. Development application no. D/2015/1752 for adaptive reuse of the existing building including partial retention of the existing warehouse facades and demolition, excavation and construction of multi-dwelling housing comprising 6 three-bedroom townhouses and basement car parking for 6 cars at 186 Rochford Street, Erskineville is approved subject to:

1. conditions contained in Annexure "A"; and

2. plans contained in Annexure “B”.

…………….

Commissioner

G Brown

234946.16 Annexure A (C) (178 KB, pdf)

234946.16 Annexure B (Plans) (3.50 MB, pdf)

Amendments

17 February 2017 - Changed file type of Annexure A to pdf