Aydan Two Pty Ltd v Inner West Council [2020] NSWLEC 1122

Land and Environment Court New South Wales

Medium Neutral Citation: Aydan Two Pty Ltd v Inner West Council [2020] NSWLEC 1122 Hearing dates: Conciliation conference on 6 March 2020 Date of orders: 17 March 2020 Decision date: 17 March 2020 Jurisdiction: Class 1 Before: O'Neill C Decision: The Court orders that: (1) The applicant is granted leave to amend the application to rely on the amended plans listed in condition 3 of the conditions of consent at Annexure A. (2) The appeal is upheld. (3) Development Application No. D/2019/367 for alterations and additions to an existing industrial building at 42-48 John Street, Leichhardt, is approved, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION — conciliation conference — agreement between the parties Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category: Principal judgment Parties: Aydan Two Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: A Stafford (Applicant) S Turner (Solicitor) (Respondent)

Solicitors: King & Wood Mallesons (Applicant) Inner West Council (Respondent) File Number(s): 2019/368225 Publication restriction: No

Judgment 1. COMMISSIONER: This is an appeal pursuant to the provisions of s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against the deemed refusal of Development Application No. D/2019/367 for alterations and additions to an existing industrial building (the proposal) at 42-48 John Street, Leichhardt (the site) by Inner West Council (the Council). 2. The proposal includes internal changes, façade improvements, a new awning, altering an existing driveway to the John Street frontage and introducing a new driveway crossing on the John Street frontage. 3. The Court arranged a conciliation conference under s 34 of the Land and Environment Court Act 1979 (LEC Act) between the parties, which has been held on 6 March 2020. I presided over the conciliation conference. 4. At the conciliation conference, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties. 5. Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties' decision, if the parties' decision is a decision that the Court could have made in the proper exercise of its functions. The parties' decision involves the Court exercising the function under s 4.16 of the EPA Act to grant consent to the development application.