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. Orders 1. The orders of the Court are: 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. ____________­­­­­­_____ Susan O'Neill Commissioner of the Court Annexure A (72.2 KB) ********** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 20 March 2020