Environa Studio v Inner West Council [2017] NSWLEC 1185

Land and Environment Court New South Wales

Medium Neutral Citation: Environa Studio v Inner West Council [2017] NSWLEC 1185 Hearing dates: Conciliation conference on 7 April 2017 Date of orders: 10 April 2017 Decision date: 10 April 2017 Jurisdiction: Class 1 Before: Chilcott 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: Environa Studio (Applicant) Inner West Council (Respondent) Representation: Solicitor: Mr T Flaherty (Applicant) Ms R Knapman(Respondent) File Number(s): 2016/277356 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 its development application to apply to land known as 122 Crystal Street, Petersham. 2. The Applicant is granted leave to amend its application to seek removal of 3 trees on 122 Crystal Street, Petersham being T11 (Poplar), T12 (Rose Apple) and T13 (Loquat Tree) as shown on the Arboricultural Impact Assessment Plan annexed and marked "A". 3. The Applicant is granted leave to rely upon the amended plans referred to in condition 1 of Annexure "B." 4. The appeal is upheld. 5. Development Application No. DA 201500657 which was lodged with the Respondent on 19 November 2015 for demolition of existing structures and construction of a four storey mixed use development comprising ground floor retail premises, car parking and residential accommodation above at 124 Crystal Street, Petersham, as amended in (a), (b) and (c) above including for tree removal at 122 Crystal Street, Petersham is approved subject to the conditions contained in Annexure "B". 6. The Applicant is to pay the Respondent's costs thrown away pursuant to section 97B of the Environmental Planning and Assessment Act 1979 in the agreed amount of $10,000. ………………………. Commissioner Chilcott 277356.16 Chcilcott - Annexure A - Aboricultural Impact Assessment Plan (262 KB, pdf) 277356.16 Chilcott - Annexure B (327 KB, pdf) 277356.16 Chilcott - Architectural Plans (5.40 MB, pdf) 277356.16 Chilcott - Landscape Plan 102 RevB (385 KB, pdf) 277356.16 Chilcott - Landscape Plan 101 RevD (459 KB, pdf) 277356.16 Chilcott - Landscape Plan 104 RevA (258 KB, pdf) 277356.16 Chilcott - Landscape Plan 103 RevA (216 KB, pdf)