Vantage 229 Pty Limited v North Sydney Council

[2017] NSWLEC 1316

Land and Environment Court

New South Wales

Medium Neutral Citation:	Vantage 229 Pty Limited v North Sydney Council [2017] NSWLEC 1316
Hearing dates:	Conciliation Conference on 14 June 2017
Date of orders:	21 June 2017
Decision date:	21 June 2017
Jurisdiction:	Class 1
Before:	Brown C
Decision:	See (5) below
Catchwords:	MODIFICATION: modification of development consent to increase number of apartments and change in mix within the approved building envelope and increase number of car spaces conciliation conference; agreement between the parties; orders
Legislation Cited:	Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979
Cases Cited:	Nil
Texts Cited:	Nil
Category:	Principal judgment
Parties:	Vantage 229 Pty Limited (Applicant) North Sydney Council (Respondent)
Representation:	Representation Ms J Reid (Applicant) Mr A Hutchings (Respondent)
File Number(s):	2017/54042
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal against the refusal of Modification Application No 487/15/2 for the modification of Deferred Commencement Consent No. DA487/15 to increase number of apartments and change in apartment mix within the approved building envelope and increase number of car spaces for a mixed use building at 229 and 231 Miller Street North Sydney.

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. The Applicant is granted leave to rely on the following amended plans:

1. DA09 – Ground Floor Plan prepared by PA Studio, Revision B dated 22 May 2017

2. DA27 – Level 18 prepared by PA Studio, Revision B dated 22 May 2017

3. DA28 – Roof Level prepared by PA Studio, Revision B dated 22 May 2017

4. DA31 – North and South Elevations prepared by PA Studio, Revision B dated 22 May 2017

5. DA32 – East and West Elevations prepared by PA Studio, Revision B dated 22 May 2017

6. DA33 – North Elevation prepared by PA Studio, Revision B dated 22 May 2017

7. DA34 – East Elevation prepared by PA Studio, Revision B dated 22 May 2017

8. DA35 – South Elevation prepared by PA Studio, Revision B dated 22 May 2017

9. DA36 – West Elevation prepared by PA Studio, Revision B dated 22 May 2017

10. DA37 – Section S1 Looking East prepared by PA Studio, Revision B dated 22 May 2017

11. DA38 – Section S2 Looking North prepared by PA Studio, Revision B dated 22 May 2017

12. DA40 – Schedule of Materials and Finishes prepared by PA Studio, Revision B dated 22 May 2017

13. DA06 – Basement 1 prepared by PA Studio, Revision B dated 22 May 2017

2. The Appeal is upheld.

3. Modification Application No 487/15/2 for modification of Deferred Commencement Consent No. DA487/15 to increase number of apartments and change in mix within the approved building envelope and increase number of car spaces is approved subject to the conditions set out in Annexure “A” to this agreement.

…………….

G Brown

Commissioner of the Court

54042.17 (C) (666 KB, pdf)

Decision last updated: 21 June 2017