Yapp Pty Ltd v Inner West Council

[2018] NSWLEC 1415

Land and Environment Court

New South Wales

Medium Neutral Citation:	Yapp Pty Ltd v Inner West Council [2018] NSWLEC 1415
Hearing dates:	Conciliation Conference on 28 June 2018; 10 July 2018
Date of orders:	07 August 2018
Decision date:	07 August 2018
Jurisdiction:	Class 1
Before:	O’Neill C
Decision:	See [4] below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979 Leichhardt Local Environmental Plan 2013
Category:	Principal judgment
Parties:	Yapp Pty Ltd (Applicant) Inner West Council (Respondent)
Representation:	Solicitors: S Kondilios, Hall & Wilcox (Applicant) M Bonanno, Inner West Council (Respondent)
File Number(s):	2017/377838
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 make, 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 under s 34(3) of the Land and Environment Court Act 1979 are:

1. The appeal is upheld.

2. The Applicant is granted leave to amend Development Application No. D/2017/547 and to rely upon the following amended plans and documents, copies of which are behind Annexure “A”:

Plan Reference	Drawn By	Dated
DA0000 Rev 07 DA0100 Rev 06 DA0101 Rev 06 DA0102 Rev 07 DA1000 Rev 07 DA1001 Rev 06 DA1100 Rev 07 DA1101 Rev 07 DA2000 Rev 06 DA2001 Rev 06 DA2100 Rev 07 DA2101 Rev 07 DA3000 Rev 07 DA3001 Rev 06 DA3101 Rev 07 DA9000 Rev 06 DA9100 Rev 06 DA9101 Rev 06 DA9102 Rev 06 DA9103 Rev 04 DA9104 Rev 04 DA9105 Rev 04 DA9200 Rev 04	H&E Architects	28.06.2018
Document Title	Prepared By	Dated
BASIX Certificate No.A287455	Humphrey & Edwards	11.10.2017
Landscape Plans - DA 01/E dated 29.06.2018, DA 02/D dated 16.05.2018, DA 03/E dated 29.06.2018, DA 04/E dated 28.06.2018, DA 05/A dated 16.05.2018	Emily Simpson landscape architecture
Stormwater Design HDA01 / P2 HDA02 / P2 HDA03 / P2 HDA04 / P2 HDA05 / P2 HDA06 / P2	Liquid Hydraulics	15.05.2018

3. The Applicant’s clause 4.6 request, prepared by Daintry Associates Pty Ltd and dated 8 June 2018 as set out in the Statement of Environmental Effect, for variation of the Site Cover development standard under the Leichhardt Local Environmental Plan 2013, a copy of which is behind Annexure “B”, is upheld.

4. The Applicant’s clause 4.6 request, prepared by Daintry Associates Pty Ltd and dated 8 June 2018 as set out in the Statement of Environmental Effect, for variation of the Landscape Area development standard under the Leichhardt Local Environmental Plan 2013, a copy of which is behind Annexure “B”, is upheld.

5. Development Application No. D/2017/547 for ground and first floor alterations and additions to existing residence, and associated works, including new garage at rear, landscaping and tree removal, at 368 Annandale Street, Annandale, be approved subject to the conditions which are behind Annexure “C”.

……………………….

Susan O’Neill

Commissioner of the Court

Annexure A (18.4 MB, pdf)  Annexure B (3.80 MB, pdf)   Annexure C (90.1 KB, pdf)