Land and Environment Court New South Wales Medium Neutral Citation: Loftus Apartments Pty Ltd v Strathfield Council [2016] NSWLEC 1588 Hearing dates: Conciliation conference on 23, September, 27 October, 3, 9, 25 & 30 November 2016 Date of orders: 30 November 2016 Decision date: 30 November 2016 Jurisdiction: Class 1 Before: Hussey AC Decision: See (4) below Catchwords: DEVELOPMENT APPLICATION: Demolition, construction of an in-fill affordable housing development (RFB), site isolation, height, building design, communal open space, deep soil, waste collection/management, conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: Loftus Apartments Pty Ltd (Applicant) Strathfield Council (Respondent) Representation: Mr A Whealy, Mills Oakley (Applicant) Mr A Seton, Marsdens Law Group (Respondent) File Number(s): 2016/188050 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 make, 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 amended plans and documents relied on for the purpose of the development application: Plan Number Name of Plan Revision Number Drawn By Dated DA001 Site Plan and Site Analysis A CDA Architects 27 October 2016 DA002 Key Site Map & LEP Information Maps A CDA Architects 27 October 2016 DA003 Proposed Residential Flat Building A CDA Architects 27 October 2016 DA100 Lower Basement D CDA Architects 4 October 2016 DA101 Upper Basement F CDA Architects 28 October 2016 DA102 Ground Floor Plan F CDA Architects 28 October 2016 DA103 Level 01 Floor Plan E CDA Architects 28 October 2016 DA104 Level 02 Floor Plan E CDA Architects 28 October 2016 DA105 Level 03 Floor Plan D CDA Architects 4 October 2016 DA106 Level 04 Floor Plan D CDA Architects 4 October 2016 DA107 Roof Level Plan E CDA Architects 28 October 2016 DA200 Loftus Crescent and Courtyard Elevation Block A F CDA Architects 28 October 2016 DA201 North and Courtyard Block B Elevations D CDA Architects 4 October 2016 DA202 East and West Elevations D CDA Architects 4 October 2016 DA300 Section A and Driveway Section D CDA Architects 4 October 2016 DA301 Sections of Breezeway and Section of Waste Holding Area E CDA Architects 4 October 2016 DA500 Pre + Post Adaptable Unit Layout B CDA Architects 4 October 2016 DA600 Shadow Diagrams – Winter Solstice 1:1000 B CDA Architects 4 October 2016 DA601 Shadow Diagram 9AM, 21 June 1:100 B CDA Architects 4 October 2016 DA602 Shadow Diagram 12PM, 21 June 1:100 B CDA Architects 4 October 2016 DA603 Shadow Diagram 3PM, 21 June 1:100 B CDA Architects 4 October 2016 DA604 Solar Study Internal Courtyard Elevations -1 E CDA Architects 3 November 2016 DA605 Solar Study Internal Courtyard Elevations -2 E CDA Architects 3 November 2016 DA606 Solar Study Internal Courtyard Elevations -3 C CDA Architects 3 November 2016 DA607 Solar Study Internal Courtyard Elevations -4 C CDA Architects 3 November 2016 DA700.6 GFA Calculation (Including Breezeway) F CDA Architects 28 October 2016 DA701.1 Solar Access Plans – 3 Hours G CDA Architects 3 November 2016 DA701.2 Solar Access Plans – 2 Hours E CDA Architects 3 November 2016 DA701.3 Solar Access Plan – No direct sunlight B CDA Architects 28 October 2016 DA702 Ventilation Diagrams C CDA Architects 28 October 2016 DA703 Ventilation Cross Section B CDA Architects 4 October 2016 DA704 3D Views C CDA Architects 4 October 2016 DA705 Landscape Calculations D CDA Architects 4 October 2016 DA706 Common Open Space & Deep Soil Zone C CDA Architects 4 October 2016 DA707 Building Depth Details D CDA Architects 28 October 2016 DA708 Internal Apartment Bed2 – Detail 1 B CDA Architects 4 October 2016 DA709 Internal Apartment Bed1 – Detail 1 B CDA Architects 4 October 2016 DA709.1 Internal Apartment Bed1 – Detail 2 A CDA Architects 4 October 2016 DA709.2 Internal Apartment Bed1 – Detail 3 A CDA Architects 4 October 2016 DA709.3 Internal Apartment Bed1 – Detail 4 A CDA Architects 4 October 2016 DA709.4 Internal Apartment Bed1 – Detail 5 A CDA Architects 4 October 2016 DA709.5 Internal Apartment Bed1 – Detail 6 A CDA Architects 4 October 2016 DA730 Material Schedule B CDA Architects 4 October 2016 DA731 Front Fence Details A CDA Architects 16 October 2016 001 Development Potential Plan for No. 7 Loftus Cres – Sheet 1 A CDA Architects 4 October 2016 002 Development Potential Plan for No. 7 Loftus Cres – Sheet 2 A CDA Architects 4 October 2016 003 Development Potential Plan for No. 7 Loftus Cres – Sheet 3 A CDA Architects 4 October 2016 004 Development Potential Plan for No. 7 Loftus Cres – Sheet 4 A CDA Architects 4 October 2016 005 Development Potential Plan for No. 7 Loftus Cres – Sheet 5 A CDA Architects 4 October 2016 LPDA 16 – 187/1 Landscape Plan E Conzept Landscape Architects 11 October 2016 LPDA 16 – 187/2 Level 1 Planter D Conzept Landscape Architects 11 October 2016 Level 4 Common Space LPDA 16 – 187/3 Details B Conzept Landscape Architects 7 October 2016 2015-162-H1 Lower Basement Floor Plan D Burgess, Arnott & Grava Pty Ltd 6 October 2016 2015-162-H2 Upper Basement Floor Plan D Burgess, Arnott & Grava Pty Ltd 6 October 2016 2015-162-H3 Ground Flooe/Site Plan [sic] E Burgess, Arnott & Grava Pty Ltd 6 October 2016 2015-162-H4 Level 01 Floor Plan C Burgess, Arnott & Grava Pty Ltd 6 October 2016 2015-162-H5 Level 02 Floor Plan C Burgess, Arnott & Grava Pty Ltd 6 October 2016 2015-162-H6 Level 03 Floor Plan C Burgess, Arnott & Grava Pty Ltd 6 October 2016 2015-162-H7 Level 04 Floor Plan C Burgess, Arnott & Grava Pty Ltd 6 October 2016 2015-162-H8 Roof Plan C Burgess, Arnott & Grava Pty Ltd 6 October 2016 2015-162-H9 Stormwater Drainage Concept Details E Burgess, Arnott & Grava Pty Ltd 6 October 2016 Document Name Prepared By Dated Acoustic Report Acoustic Noise & Vibration Solutions P/L 11th October 2016 Waste Management Elephants Foot 7th October 2016 Access Statement Accessible Building Solutions 10th October 2016 BASIX Certificate No. 676704M_02 Greenworld Architectural Drafting 10th October 2016 Natural Ventilation Design Certificate - Building A HHH Consulting 10th October 2016 Natural Ventilation Design Certificate - Building B HHH Consulting 10th October 2016 Basement Design of Proposed Boarding House Development Report – 7 Loftus Crescent Motion Traffic Engineers October 2016 Clause 4.6 Report Plan Urban Services 15 September 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 Act 1979 in the agreed or assessed. 2. The appeal is upheld. 3. Development application No 2015/139 for demolition of all existing site structures and the construction of two, four and five-storey residential buildings over a common two-level basement car park at 4, 5 and 6 Loftus Crescent, Homebush NSW is approved subject to the conditions contained in Annexure "A". ……………. R. Hussey Acting Commissioner 188050.16 - Annexure A - Conditions of Consent (110 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: 09 December 2016