Satmell Investments Pty Ltd v Fairfield City Council
[2018] NSWLEC 1388
•31 July 2018
Land and Environment Court
New South Wales
Medium Neutral Citation: Satmell Investments Pty Ltd v Fairfield City Council [2018] NSWLEC 1388 Hearing dates: Conciliation conference on 5, 12 July 2018 Date of orders: 31 July 2018 Decision date: 31 July 2018 Jurisdiction: Class 1 Before: Bish C Decision: See [4] below
Catchwords: DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: Satmell Investments Pty Ltd (Applicant)
Fairfield City Council (Respondent)Representation: Counsel:
C Novak (Applicant)
Solicitors:
Sachs Gerace Broome (Applicant)
J McCullan, Marsdens Law Group (Respondent)
File Number(s): 2017/388014 Publication restriction: Nil
Judgment
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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”.
-
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.
-
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.
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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 appeal application by substituting the plans in column A for the plans in column B as follows:
Drawing Title
A
(removed plans)
B
(substituted plans)
Drawing Number
Issue
Date
Drawing Number
Issue
Date
East Elevation, West Elevation and Cross Section
DA-2.3
G
8/03/18
DA-2.3
H
5/07/18
North Elevation and South Elevation
DA-2.4
G
8/03/18
DA-2.4
H
5/07/18
Finishes Schedule (East Elevation)
DA-2.5
G
8/03/18
DA-2.5
H
5/07/18
East Elevation, West Elevation and Cross Section
DA-3.3
G
8/03/18
DA-3.3
H
5/07/18
Finishes Schedule (East Elevation)
DA-3.5
G
8/03/18
DA-3.5
H
5/07/18
East Elevation, West Elevation and Cross Section
DA-4.3
G
8/03/18
DA-4.3
H
5/07/18
North Elevation and South Elevation
DA-4.4
G
8/03/18
DA-4.4
H
5/07/18
Finishes Schedule (East Elevation)
DA-4.5
G
8/03/18
DA-4.5
H
5/07/18
East Elevation, West Elevation and Cross Section
DA-5.3
G
8/03/18
DA-5.3
H
5/07/18
Finishes Schedule (East Elevation)
DA-5.5
G
8/03/18
DA-5.5
H
5/07/18
East Elevation, West Elevation and Cross Section
DA-6.3
G
8/03/18
DA-6.3
H
5/07/18
North Elevation and South Elevation
DA-6.4
G
8/03/18
DA-6.4
H
5/07/18
Finishes Schedule (East Elevation)
DA-6.5
G
8/03/18
DA-6.5
H
5/07/18
East Elevation, West Elevation and Cross Section
DA-7.3
G
8/03/18
DA-7.3
H
5/07/18
North Elevation and South Elevation
DA-7.4
G
8/03/18
DA-7.4
H
5/07/18
Finishes Schedule (East Elevation)
DA-7.5
G
8/03/18
DA-7.5
H
5/07/18
East Elevation, West Elevation and Cross Section
DA-8.3
G
8/03/18
DA-8.3
H
5/07/18
North Elevation and South Elevation
DA-8.4
G
8/03/18
DA-8.4
H
5/07/18
Finishes Schedule (East Elevation)
DA-8.3
G
8/03/18
DA-8.5
H
5/07/18
The appeal is upheld.
Development Application No. DA 226.1/2017 for a mixed use facility comprising 8 general industry/warehouse units, 24 general/light industry units, ancillary office and amenities, 287 car parking spaces, private road, 3 vehicle access points onto Victoria Street, signage abd associated landscaping on the land known as Lot 30 DP 1051655, 457 – 463 Victoria Street, Wetherill Park is approved subject to the conditions of consent in Annexure ‘A’.
……………………….
Commissioner Bish
Annexure A (C)
Decision last updated: 02 August 2018
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