C&C Investment Trading Pty Ltd v Strathfield Municipal Council [2022] NSWLEC 1124

Land and Environment Court New South Wales

Medium Neutral Citation: C&C Investment Trading Pty Ltd v Strathfield Municipal Council [2022] NSWLEC 1124 Hearing dates: Conciliation conference on 23 December 2021 and 17 February 2022 Date of orders: 18 March 2022 Decision date: 18 March 2022 Jurisdiction: Class 1 Before: Gray C Decision: Proceedings 2021/284890 See Orders at [12] Proceedings 2021/ 314458 See Orders at [13] Catchwords: APPEAL – development application for alterations and additions – building information certificate – boarding house – conciliation conference – agreement reached Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.15, 4.16, 8.6, 8.25 Environmental Planning and Assessment Regulation 2000 cl 55, Sch 1 Land and Environment Court Act 1979 s 34 Category: Principal judgment Parties: C&C Investment Trading Pty Ltd (Applicant) Strathfield Municipal Council (Respondent) Representation: Counsel: T To (Applicant) S Shneider (Solicitor) (Respondent)

Solicitors: Conomos Legal (Applicant) Houston Dearn O'Connor Lawyers (Respondent) File Number(s): 2021/284890; 2021/314458 Publication restriction: No

Judgment 1. COMMISSIONER: These two appeals concern a boarding house at 51-55 Homebush Road, Strathfield, which includes a heritage item known as 'Merriwa'. The first appeal (2021/284980) relates to a development application for alterations and additions to the boarding house (the development appeal). The second appeal is against the refusal for a building information certificate for works carried out at the premises (the building information certificate appeal). The final orders in each of the appeals, outlined in [12]-[13] below, are made as a result of agreements between the parties that were reached following a conciliation conference. 2. The appeal with respect to the development application is lodged pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act), and the appeal with respect to the building information certificate is lodged pursuant to s 8.25. In exercising the functions of the consent authority on the appeal, the Court has the power to determine the development application pursuant to ss 4.15 and 4.16 of the EPA Act. The Court also has broad powers with respect to the appeal concerning the building information certificate, pursuant to s 8.25(3) of the EPA Act. Section 8.25(3) provides: (3) On hearing the appeal, the Court may do any one or more of the following— (a) direct the council to issue a building information certificate in such terms and on such conditions as the Court thinks fit, (b) revoke, alter or confirm a notice to supply information, (c) make any other order that it considers appropriate. 1. The Court arranged a conciliation conference under s 34(1) of the Land and Environment Court Act 1979 (LEC Act) between the parties, which was held by Microsoft Teams following a site inspection on 23 December 2021 and continued by telephone on 17 February 2022. I presided over the conciliation conference, at which both appeals were dealt with. 2. Following the conciliation conference, agreements under s 34(3) of the LEC Act were reached between the parties as to the terms of a decision in each of the proceedings that was acceptable to the parties. The final agreement in the development appeal was filed on 7 March 2022, and the final agreement in the building information certificate appeal was filed on 15 March 2022.