Land and Environment Court New South Wales Medium Neutral Citation: Olsson & Associates Architects Pty Ltd v City of Botany Bay [2016] NSWLEC 1254 Hearing dates: Conciliation conference on 9 December 2015, 9 February, 13 April, 30 May, 3, 17 June 2016 Date of orders: 17 June 2016 Decision date: 17 June 2016 Jurisdiction: Class 1 Before: Hussey AC Decision: See (4) below Catchwords: Development Application: construction of 2 x residential flat buildings containing 108 apartments & 2 commercial units and 4 levels of parking. Acoustic privacy, building design, depth/separation, privacy, ventilation, solar access, site isolation, car parking, waste management; conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: Olsson & Associates Architects Pty Ltd (Applicant) City of Botany Bay (Respondent) Representation: Solicitors: Mr Matt Sonter, Mills Oakley Lawyers (Applicant) Ms Alice Spizzo, Landerer & Company (Respondent) File Number(s): 159513 of 2016 Publication restriction: No Judgment 1. ACTING 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 under s34(3) of the Land and Environment Court Act 1979 are: 1. The Applicant is granted leave to amend the development application by substituting the following plans as the plans relied upon for the purpose of the development application: Drawing Title Rev Rev Date (Month) DA01 Project Summary N MAY DA02 Site Plan L MAY DA03 Basement 2 M MAY Da03.1 Basement 1 M MAY DA04 Ground (Church Avenue) M MAY DA05 Level 1 (John Street Entry) M MAY DA06 Level 2 (Lower Podium) L MAY DA07.1 Level 3 - 8 (Typ. Apartments) L MAY DA07.2 Level 9-10 (Typ. Apartments) L MAY DA07.3 Level 11 - 12 (Typ. Apartments) L MAY DA07.4 Level 13 L MAY DA11 Roof Plan M MAY DA12 Elevations - North/South M MAY DA13 Elevations - West M MAY DA14 Elevations - East M MAY DA15 North Elevation Building B M MAY DA16 South Elevation Building A M MAY DA17 Section A-A L MAY DA18 Materials and Finishes L MAY DA019 GFA Calculations M MAY DA020 GFA Calculations L MAY DA23 Public Domain Perspectives C MAY DA26.1 222-228 Coward Street View Loss Analysis - 2 Tower Proposal C MAY DA26.2 222-228 Coward Street View Loss Analysis - 3 Tower Proposal A MAY 1. The Applicant is to pay those costs of the Respondent thrown away as a result of amending the development application pursuant to section 97B(2) of the Environmental Planning and Assessment Act 1979 in the amount of $45,000 within 28 days of the date of these orders. 2. The appeal is upheld. 3. Development Application DA 271/2013 for demolition of the existing structures, site excavation, remediation, and construction of two residential flat buildings containing 108 residential apartments and 2 commercial units facing both street frontages including 4 levels of parking to accommodate 208 vehicles at 27 Church Avenue, 18A and 20-22 John Street, Mascot is approved subject to the conditions contained in Annexure "A". ……………. R Hussey Acting Commissioner 159513.16 - Annexure A - Amended on 21 September 2016 (217 KB, pdf) 159513.16 Plans (10.6 MB, pdf) Amendments 28 September 2016 - Amended 'Annexure A'. 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: 28 September 2016