Trevet Property v Ashfield Council

[2016] NSWLEC 1240

Land and Environment Court

New South Wales

Medium Neutral Citation:	Trevet Property v Ashfield Council [2016] NSWLEC 1240
Hearing dates:	Conciliation conference on 25 May 2016
Date of orders:	25 May 2016
Decision date:	25 May 2016
Jurisdiction:	Class 1
Before:	Hussey AC
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION: Demolition of existing building & alterations for use as 158 place child care centre. Flooding, traffic/parking, disabled access, internal design, waste, conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Trevet Property (Applicant) Ashfield Council (Respondent)
Representation:	Mr P R Rigg (Applicant) Mr P Jackson, Pikes & Verekers Lawyers (Respondent)
File Number(s):	154191 of 2016
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, 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 are:

1. The applicant is granted leave to rely on the following documents:

No.	Revision	Title	Prepared by	Amendment Date
DA02	I	Site Plan	Architex	20.04.2016
DA03	I	Ground Floor Plan	Architex	20.04.2016
DA04	I	First Floor Plan	Architex	20.04.2016
DA05	I	Roof Plan	Architex	20.04.2016
DA06	I	Elevations	Architex	20.04.2016
DA07	I	Elevations and Section	Architex	20.04.2016
DA08	I	Adjoining Building	Architex	20.04.2016
DA08/D	Sections	Teknicon Design P/L	09.08.2011
SW13453-S1	C	Site Stormwater Management Layout	ALW Design	29.03.2016
0727.L.01	E	Landscape Plan	Greenland Design P/L	18.04.2016
0727.L.02	E	Landscape Details & Specification	Greenland Design P/L	18.04.2016
Operational Plan of Management	Cubby House Childcare	Received 7.05.2015
Building Code of Australia Compliance Assessment Report	AEDG Group	30.03.2016
Waste Management Plan	Architex	20.04.2016
Flood Emergency Response Plan	Molino Stewart	23.04.2016

Note: The architectural plans take precedence in respect of the built form. Should there be any inconsistency between the built form shown on the architectural and the engineering or landscape plans, the architectural plans take precedence.

2. The applicant is to pay the respondent’s costs, agreed at $5,000.00, thrown away as a result of the above amendments pursuant to s 97B of the Environmental Planning and Assessment Act 1979.

3. The appeal is upheld.

4. Deferred Commencement Development Consent pursuant to s80(3) of the Environmental Planning and Assessment Act 1979 is granted to Development Application No. 10.2015.68.1 of 7 May 2015, as amended, for the use of premises, being Lot 1 DP 616041, Lot 5 DP 32818 and Lot A DP 435425, known as 1-15 Smith Street and 5 Carlton Crescent, Summer Hill, as a childcare centre for one hundred and sixteen (116) childcare spaces, in accordance with the conditions in Annexure ‘A’ hereto.

…………….

R Hussey

Acting Commissioner 

154191.16 Hussey (C) (387 KB, pdf)

154191.16 Hussey_Architectural drawings - Architex 20.4.16 (2.26 MB, pdf)

154191.16 Hussey_BCA Report - AEDG Group 30.3.16 (1.36 MB, pdf)

154191.16 Hussey_Landscape plan and Landscape Details & Specifications - Greenland Design 18.4.16 (544 KB, pdf)

154191.16 Hussey_Operational Management Plan from Cubby House Childcare 7.5.15 (458 KB, pdf)

154191.16 Hussey_Site Stormwater Management Layout - ALW Design 29.3.16 (1.55 MB, pdf)

154191.16 Hussey_Waste Management Plan - Architex 20.4.16 (7.46 MB, pdf)