Land and Environment Court New South Wales Medium Neutral Citation: Leichhardt 141 Pty Ltd v Inner West Council [2016] NSWLEC 1486 Hearing dates: Conciliation conference on 6 July, 5, 26 August, 1, 6, 9 September, 6 October 2016 Date of orders: 24 October 2016 Decision date: 24 October 2016 Jurisdiction: Class 1 Before: Brown C Decision: See (5) below Catchwords: DEVELOPMENT APPLICATION: demolition of existing improvements and construction of a residential flat building; conciliation conference; agreement between the parties; orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category: Principal judgment Parties: Leichhardt 141 Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: Ms J Reid, barrister (Applicant) Mr S Turner, solicitor (Respondent) Solicitors: Inner West Council (Respondent) - (Applicant) File Number(s): 2016/00160336 Publication restriction: No Judgment 1. COMMISSIONER: This is an appeal against the refusal of D/641/2015 for the demolition of existing improvements and construction of a residential flat building at 141 and 159 Allen Street, Leichhardt. 2. 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". 3. 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. 4. 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. 5. 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 rely upon the amended plans and documentation: Drawing Number Drawn By Revision Number & Date DA1001 – Site Analysis Plan Candalepas Associates B5 – 30.09.2016 DA1002 – Masterplan Concept Candalepas Associates B5 – 30.09.2016 DA1051 – Masterplan Building Envelope Elevations Candalepas Associates B5 – 30.09.2016 DA1052 – Masterplan Building Envelope Sections Candalepas Associates B5 – 30.09.2016 DA1100 - Basement Plan Candalepas Associates B5 – 30.09.2016 DA1101 - Ground Plan Candalepas Associates B6 – 05.10.2016 DA1102 - Level 1 & 2 Plan Candalepas Associates B6 – 05.10.2016 DA1103 - Level 3 Plan Candalepas Associates B5 – 30.09.2016 DA1104 - Level 4 Plan Candalepas Associates B5 – 30.09.2016 DA1851 - Development Calculations Candalepas Associates B5 – 30.09.2016 DA1105 – Level 5 Plan Candalepas Associates B5 – 30.09.2016 DA1106 – Roof Plan Candalepas Associates B5 – 30.09.2016 DA1201 - Sections Candalepas Associates B5 – 30.09.2016 DA1202 – Driveway Sections Candalepas Associates B - 21.01.2016 DA1203 – Allen Street Kerb Elevation Candalepas Associates B5 – 30.09.2016 DA1204 – Flood Street Kerb Elevation Candalepas Associates B5 – 30.09.2016 DA1301 – North & South Elevation Candalepas Associates B5 – 30.09.2016 DA1302 – East & West Elevations Candalepas Associates B5 – 30.09.2016 DA1303 - Internal Site Elevations Candalepas Associates B5 – 30.09.2016 DA1304 - Internal Site Elevations Candalepas Associates B5 – 30.09.2016 DA1305 - Internal Site Elevations Candalepas Associates B5 – 30.09.2016 DA1951 – Adaptable Unit Configuration Candalepas Associates B5 – 30.09.2016 DA1952 – Mailbox Details Candalepas Associates B5 – 30.09.2016 Landscape Plans Landscape Finishes & Levels Plan – L01 Issue A 20.10.2015 Sections and Schedules Plan – L01 Issue A Jane Irwin Landscape Architecture 15.09.2016 Roof / Level 3 Plan – 20.05.2016 LO3 Issue A As amended by sketch JILA July 04.16 1. The appeal is upheld. 2. Development Application D/2015/641 is approved subject to the conditions set out in Annexure "A". 3. No order as to cost. ……………. G T Brown Commissioner 160336.16 - Annexure A (259 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: 25 October 2016