Land and Environment Court New South Wales Medium Neutral Citation: Equity Site Holdings Pty Ltd v Inner West Council [2016] NSWLEC 1585 Hearing dates: Conciliation conference on 9 September 2016, 10, 25 October 2016, 23, 30 November 2016 Date of orders: 07 December 2016 Decision date: 07 December 2016 Jurisdiction: Class 1 Before: Brown C Decision: See (5) below Catchwords: DEVELOPMENT APPLICATION: demolition of existing improvements and construction of mixed commercial/residential development with basement parking – strata subdivision - 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: Equity Site Holdings Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Mrs L Finn, Hones Lawyers Pty Ltd (Applicant) Mr G Christmas, Apex Planning & Environment Law (Respondent) File Number(s): 2016/00188533 Publication restriction: No Judgment 1. COMMISSIONER: This is an appeal against the refusal of application No.DA201600172 for the demolition of existing improvements and construction of mixed commercial/residential development with basement parking and strata subdivision at 110-112 Addison Road Marrickville. 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 make, 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. Leave is granted to the Applicant to rely on the following amended plans: Plan and Issue No. Plan Name Date Issued Prepared by DA000-B Standard Abbreviation 1 21.10.16 AN+A Architects DA000-C Standard Abbreviation 2 21.10.16 AN+A Architects DA001-B View 01 – Addison Road Perspective 21.10.16 AN+A Architects DA002-B View 02 – Addison Road Perspective 21.10.16 AN+A Architects DA010-I Basement Plan 21.10.16 AN+A Architects DA011-K Ground Floor Plan 21.10.16 AN+A Architects DA012-I Level 1 Plan 21.10.16 AN+A Architects DA013-I Level 2 Plan 21.10.16 AN+A Architects DA014-I Level 3 Plan 21.10.16 AN+A Architects DA015-H Loft Level 21.10.16 AN+A Architects DA016-D Roof Plan 21.10.16 AN+A Architects DA103-C Pre/Post Adaptable Units – Level 3 21.10.16 AN+A Architects DA104-C Pre/Post Adaptable Units – Level 1 & 2 21.10.16 AN+A Architects DA150-D Addison Road Elevation - North 21.10.16 AN+A Architects DA151-D Illawarra Road Elevation - West 21.10.16 AN+A Architects DA152-D South Elevation 21.10.16 AN+A Architects DA153-D East Elevation 21.10.16 AN+A Architects DA160-C Section AA 21.10.16 AN+A Architects DA161-D Section BB 21.10.16 AN+A Architects DA162-C Section CC 21.10.16 AN+A Architects DA163-E Section DD 21.10.16 AN+A Architects DA165-C SEPP 65 Detail Facade 21.10.16 AN+A Architects DA167-A 1 & 3 Illawarra Section 21.10.16 AN+A Architects AR-LP01-B – Sheet 1 Existing Trees and Tree Management Plan 01/11/16 BioDesign AR-LP01-B – Sheet 2 Landscape Plan – Ground Level 01/11/16 BioDesign AR-LP01-B – Sheet 3 Landscape Plan – Level 1 01/11/16 BioDesign AR-LP01-B – Sheet 4 Planting Plan – Ground Level 01/11/16 BioDesign AR-LP01-B – Sheet 5 Planting Plan Level 1 01/11/16 BioDesign AR-LP01-B – Sheet 6 Sections and Elevations 01/11/16 BioDesign 1. Pursuant to section 97B of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs agreed at $4,000.00 upon execution of this Agreement. 2. The appeal is upheld. 3. Development consent is granted to DA201600172 for demolition of the existing structures and the construction of a shop top housing development with basement parking and strata subdivision at 110-112 Addison Road, Marrickville subject to the conditions at Annexure "A". ……………. Commissioner Brown 188533.16 Brown (C) (328 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: 08 December 2016