MHT Equities v Strathfield Municipal Council [2016] NSWLEC 1428

Land and Environment Court New South Wales

Medium Neutral Citation: MHT Equities v Strathfield Municipal Council [2016] NSWLEC 1428 Hearing dates: Conciliation conference on 20 September 2016 Date of orders: 20 September 2016 Decision date: 20 September 2016 Jurisdiction: Class 1 Before: Smithson C Decision: See (4) below Catchwords: DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: MHT Equities (Applicant) Strathfield Municipal Council (Respondent) Representation: Alice Spizzo (Applicant) Keli Law (Respondent)

Solicitors: Landerer & Company (Applicant) Matthews Folbigg Pty Ltd (Respondent) File Number(s): 2016/00161692 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 under s34(3) of the Land and Environment Court Act 1979 are: 1. The terms of the decision are as follows: 1. The Appeal is upheld. 2. Development Application No 2015/060 for demolition of existing structures and construction of a five (5) storey residential flat building containing (10) units comprising three (3) x studio, one (1) x 1 bedroom and six (6) x 2 bedroom units above two (2) levels of basement parking, is approved subject to the conditions set out in Annexure "A" to this agreement. 1. The Applicant is granted leave to rely on the following amended plans: 1. Demolition plan prepared by Ghazi Al Ali Architect, Drawing No. A1100, Issue C dated 24 August 2016 2. Basement 02 Plan prepared by Ghazi Al Ali Architect, Drawing No. A1201, Issue D dated 09 September 2016 3. Basement 01 Plan prepared by Ghazi Al Ali Architect, Drawing No. A1202, Issue D dated 09 September 2016 4. Ground Floor Plan prepared by Ghazi Al Ali Architect, Drawing No. A1203, Issue F dated 24 August 2016 5. Level 01 Floor Plan prepared by Ghazi Al Ali Architect, Drawing No. 1204 Issue F dated 24 August 2016 6. Level 02 Floor Plan prepared by Ghazi Al Ali Architect, Drawing No. A1205, Issue F dated 24 August 2016 7. Level 03 Floor Plan prepared by Ghazi Al Ali Architect, Drawing No. A1206, Issue F dated 24 August 2016 8. Level 04 Floor Plan prepared by Ghazi Al Ali Architect, Drawing No. A1207, Issue F dated 24 August 2016 9. Roof Plan prepared by Ghazi Al Ali Architect, Drawing No. A1208, Issue F dated 24 August 2016 10. North and South Elevations prepared by Ghazi Al Ali Architect, Drawing No. A1500, Issue G dated 24 August 2016 11. East and West Elevations prepared by Ghazi Al Ali Architect, Drawing No. A1501, Issue G dated 24 August 2016 12. Section AA and BB prepared by Ghazi Al Ali Architect, Drawing No. A1700, Issue F dated 24 August 2016 13. Material Schedule prepared by Ghazi Al Ali Architect Dwg No. A1600 Issue B dated 24 August 2016 14. Material Schedule prepared by Ghazi Al Ali Architect Dwg No. A1601 Issue B dated 24 August 2016 15. Car Park Review Ground Floor PTC-001 Rev 2 prepared by Parking and Traffic Consultants dated 23 August 2016 16. Basement Level 1 (B1) PTC-002 Rev 2 prepared by Parking and Traffic Consultants dated 23 August 2016 17. Basement Level 2 (B2) PTC-003 Rev 2 prepared by Parking and Traffic Consultants dated 23 August 2016 18. Ground Floor Landscape Plan Dwg LPDA 15 – 402 /1G prepared by Conzept Landscape dated 24 August 2016 19. Level 4 Planter Landscape Plan Dwg LPDA 15 – 402 /2G prepared by Conzept Landscape dated 24 August 2016 20. Landscape Details prepared by Dwg LPDA 15 – 402 /3 prepared by Conzept Landscape dated 24 August 2016 21. Landscape Details prepared by Dwg LPDA 15 – 402 /4 prepared by Conzept Landscape dated 24 August 2016 22. Landscape Details prepared by Dwg LPDA 15 – 402 /5 prepared by Conzept Landscape dated 24 August 2016 23. Stormwater Concept Design Basement Plans Project No. 2015/0041 SW 02 Rev F prepared by SGC Consulting dated 23 August 2016 24. Stormwater Concept Design Ground Floor Plans Project No. 2015/0041 SW 03 Rev F prepared by SGC Consulting dated 23 August 2016 25. Sediment and Erosion Control Plan Project No. 2015/0041 SW 04 Rev E prepared by SGC Consulting dated 23 August 2016 26. Details Sheet Project No. 2015/0041 SW 05 Rev E prepared by SGC Consulting dated 23 August 2016 27. Acoustic report prepared by Acoustic Consulting Engineers Report No. 150595-02l-DD Rev 03 dated 10 June 2015 (bb) BASIX Certificate No. 629004M_03 dated 29 August 2016 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 1979, in the sum of $8,600.00 to be paid within 28 days. ……………. Jenny Smithson Commissioner 161692.16 - Annexure A (126 KB, 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: 21 September 2016