Land and Environment Court New South Wales Medium Neutral Citation: Trevet Property v Ashfield Council [2016] NSWLEC 1240 Hearing dates: Conciliation conference on 25 May 2016 Date of orders: 25 May 2016 Decision date: 25 May 2016 Jurisdiction: Class 1 Before: Hussey AC Decision: See (4) below Catchwords: DEVELOPMENT APPLICATION: Demolition of existing building & alterations for use as 158 place child care centre. Flooding, traffic/parking, disabled access, internal design, waste, conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: Trevet Property (Applicant) Ashfield Council (Respondent) Representation: Mr P R Rigg (Applicant) Mr P Jackson, Pikes & Verekers Lawyers (Respondent) File Number(s): 154191 of 2016 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, 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 are: 1. The applicant is granted leave to rely on the following documents: No. Revision Title Prepared by Amendment Date DA02 I Site Plan Architex 20.04.2016 DA03 I Ground Floor Plan Architex 20.04.2016 DA04 I First Floor Plan Architex 20.04.2016 DA05 I Roof Plan Architex 20.04.2016 DA06 I Elevations Architex 20.04.2016 DA07 I Elevations and Section Architex 20.04.2016 DA08 I Adjoining Building Architex 20.04.2016 DA08/D Sections Teknicon Design P/L 09.08.2011 SW13453-S1 C Site Stormwater Management Layout ALW Design 29.03.2016 0727.L.01 E Landscape Plan Greenland Design P/L 18.04.2016 0727.L.02 E Landscape Details & Specification Greenland Design P/L 18.04.2016 Operational Plan of Management Cubby House Childcare Received 7.05.2015 Building Code of Australia Compliance Assessment Report AEDG Group 30.03.2016 Waste Management Plan Architex 20.04.2016 Flood Emergency Response Plan Molino Stewart 23.04.2016 Note: The architectural plans take precedence in respect of the built form. Should there be any inconsistency between the built form shown on the architectural and the engineering or landscape plans, the architectural plans take precedence. 1. The applicant is to pay the respondent's costs, agreed at $5,000.00, thrown away as a result of the above amendments pursuant to s 97B of the Environmental Planning and Assessment Act 1979. 2. The appeal is upheld. 3. Deferred Commencement Development Consent pursuant to s80(3) of the Environmental Planning and Assessment Act 1979 is granted to Development Application No. 10.2015.68.1 of 7 May 2015, as amended, for the use of premises, being Lot 1 DP 616041, Lot 5 DP 32818 and Lot A DP 435425, known as 1-15 Smith Street and 5 Carlton Crescent, Summer Hill, as a childcare centre for one hundred and sixteen (116) childcare spaces, in accordance with the conditions in Annexure 'A' hereto. ……………. R Hussey Acting Commissioner 154191.16 Hussey (C) (387 KB, pdf) 154191.16 Hussey_Architectural drawings - Architex 20.4.16 (2.26 MB, pdf) 154191.16 Hussey_BCA Report - AEDG Group 30.3.16 (1.36 MB, pdf) 154191.16 Hussey_Landscape plan and Landscape Details & Specifications - Greenland Design 18.4.16 (544 KB, pdf) 154191.16 Hussey_Operational Management Plan from Cubby House Childcare 7.5.15 (458 KB, pdf) 154191.16 Hussey_Site Stormwater Management Layout - ALW Design 29.3.16 (1.55 MB, pdf) 154191.16 Hussey_Waste Management Plan - Architex 20.4.16 (7.46 MB, pdf) 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: 14 June 2016