Z R International Holding Pty Ltd v Canterbury Bankstown Council
[2017] NSWLEC 1472
•31 August 2017
Land and Environment Court
New South Wales
Medium Neutral Citation: Z R International Holding Pty Ltd v Canterbury Bankstown Council [2017] NSWLEC 1472 Hearing dates: Conciliation conference on 28 July 2017 Date of orders: 31 August 2017 Decision date: 31 August 2017 Jurisdiction: Class 1 Before: Dickson C Decision: See [5] below
Catchwords: DEVELOPMENT APPEAL under s97(1) against refusal of a modification application for a residential flat building - amended design- agreement between the parties - orders Legislation Cited: Land and Environment Court Act 1979
Environmental Planning and Assessment Act 1979Category: Principal judgment Parties: Z R International Holding Pty Ltd (Applicant)
Canterbury Bankstown Council (Respondent)Representation: Solicitors:
Mills Oakley (Applicant)
Marsdens Law Group (Respondent)
File Number(s): 2017/00060170 Publication restriction: No
Judgment
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COMMISSIONER: This is an appeal, under s96(2) of the Environmental Planning and Assessment Act 1979, against Council’s refusal of development application number DA-165/2012/C. The application seeks approval for the modification of the consent to modify the unit layouts, increase the number of units and the unit mix with subsequent amendments to the building façade and basement car park. The development is proposed at 6 Broughton Street, Canterbury.
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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”.
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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.
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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.
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The final orders to give effect to the parties’ agreement are:
Leave is granted to substitute the following plans for the plans and documents that are the subject of Modification Application No. DA-165/2012/C:
Drawing No.
Name
Revision
Drawn By
Date
S96000
Cover Sheet
C
CD Architects
8 August 2017
S96001
Compliance Sheet
C
CD Architects
8 August 2017
S96002
Site Plan
C
CD Architects
8 August 2017
S96003
Site Plan and Site Analysis
B
CD Architects
20 June 2017
S96100
Lower Basement Floor Plan
C
CD Architects
8 August 2017
S96101
Upper Basement Floor Plan
C
CD Architects
8 August 2017
S96102
Ground Floor Plan
C
CD Architects
8 August 2017
S96103
Level 01 Floor Plan
C
CD Architects
8 August 2017
S96104
Level 02 Floor Plan
C
CD Architects
8 August 2017
S96105
Level 03 Floor Plan
C
CD Architects
8 August 2017
S96106
Level 04 Floor Plan
C
CD Architects
8 August 2017
S96107
Level 05 Floor Plan
C
CD Architects
8 August 2017
S96108
Roof Level Plan
C
CD Architects
8 August 2017
S96200
East & West Elevations
C
CD Architects
8 August 2017
S96201
North & South Elevations
C
CD Architects
8 August 2017
S96300
Sections
C
CD Architects
8 August 2017
S96301
Sections
C
CD Architects
8 August 2017
S96500
Pre + Post adaptable unit layout
B
CD Architects
20 June 2017
S96600
Shadow Diagrams
C
CD Architects
8 August 2017
S96601
Shadow Diagrams
C
CD Architects
8 August 2017
S96602
Shadow Diagrams
C
CD Architects
8 August 2017
S96603
Solar Access to Common Open Space – 9AM – 11AM
B
CD Architects
8 August 2017
S96604
Solar Access to Common Open Space – 12PM & 1PM
B
CD Architects
8 August 2017
S96605
Solar Access to Common Open Space – 2PM & 3PM
B
CD Architects
8 August 2017
S96700
GFA Calculation
C
CD Architects
8 August 2017
S96701
GFA Calculation Approved DA
A
CD Architects
20 June 2017
S96702
Solar Access Plan
C
CD Architects
8 August 2017
S96702-1
Solar Study Unit 504 – Sheet 1
A
CD Architects
8 August 2017
S96702-2
Solar Study Unit 504 – Sheet 2
A
CD Architects
8 August 2017
S96703
Ventilation Diagrams
B
CD Architects
8 August 2017
S96704
3D Views
B
CD Architects
8 August 2017
S96707
Common Open Space
A
CD Architects
20 June 2017
S96708
Approved DA – Common Open Space
A
CD Architects
20 June 2017
S96710
Photomontage
A
CD Architects
July 2016
S96730
Finishes Schedule
A
CD Architects
July 2016
S96740
Sun View at 9am
B
CD Architects
8 August 2017
S96741
Sun View at 10am
B
CD Architects
8 August 2017
S96741-1
Sun View at 10:30
A
CD Architects
8 August 2017
S96742
Sun View at 11am
B
CD Architects
8 August 2017
S96742-1
Sun View at 11:30am
A
CD Architects
8 August 2017
S96743
Sun View at 12pm
B
CD Architects
8 August 2017
S96743-1
Sun View at 12:30pm
A
CD Architects
8 August 2017
S96744
Sun View at 1pm
B
CD Architects
8 August 2017
S96745
Sun View at 2pm
B
CD Architects
8 August 2017
S96746
Sun View at 3pm
B
CD Architects
8 August 2017
S0100
Shoring and Bulk Excavation Plan and Details
H
Australian Consulting Engineers
8 August 2017
S0101
Shoring Elevations
D
Australian Consulting Engineers
7 August 2017
S0102
Shoring Details
E
Australian Consulting Engineers
7 August 2017
S0200
Footing Plan and Details
B
Australian Consulting Engineers
8 August 2017
S0300
Basement B2 Slab Plan Sections and Details
C
Australian Consulting Engineers
8 August 2017
S0400
Basement B1 Slab Plan Sections and Details
C
Australian Consulting Engineers
8 August 2017
S0500
Ground Floor Slab Plan Sections and Details
D
Australian Consulting Engineers
8 August 2017
Document reference
Document Name
Prepared by
Dated
735964M_03
BASIX Certificate
Outsource Ideas P/l
8 August 2017
GS6246-2A
Addendum Geotechnical Investigation Report
Aargus
8 August 2017
16350
Letter regarding Basement Car Parking Layout
Varga Traffic Planning
8 August 2017
The appeal is upheld;
Modification Application No. DA-165/2012/C to modify Development Consent No. DA-165/2012 (as modified) for the construction of a 6 storey residential flat building containing 28 units (1x studio, 4x 1 bedroom, 21x 2 bedroom and 2x3 bedroom units) over 2 levels of basement car parking containing 41 car parking spaces at Lot 5 DP 828270 (6 Brought on Street, Canterbury), by amending unit layouts and increasing the number of units to 32, changing the unit mix to 4 x 1 bedroom and 22 x 2 bedroom units and 6 x 3 bedroom units, amending the layout of the basement car park and increasing the number of car parking spaces to 49, and adjusting the facade, is determined by approving the modification as set out in Annexure "A"
As a consequence of order (3), Development Consent No. DA-165/2012 is subject to the consolidated, modified conditions of consent as set out in Annexure "B".
…………….
D M Dickson
Commissioner of the Court
60170.17 Dickson (C) Annexure A (159 KB, pdf)
60170.17 Dickson (C) Annexure B (247 KB, pdf)
60170.17 Dickson - Plans (6.51 MB, pdf)
Decision last updated: 31 August 2017
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