Land and Environment Court New South Wales Medium Neutral Citation: Applebee 29 Pty Limited v Inner West Council [2018] NSWLEC 1114 Hearing dates: Conciliation conference on 30 January, 22 February and 2 March 2018 Date of orders: 06 March 2018 Decision date: 06 March 2018 Jurisdiction: Class 1 Before: Brown C Decision: See [5] below Catchwords: DEVELOPMENT APPLICATION: alterations and additions to an existing factory building; conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: Applebee 29 Pty Limited (Applicant) Inner West Council (Respondent) Representation: Ms. J Reid (Applicant) Mr M Bonnano (Respondent) File Number(s): 2017/257933 Publication restriction: No Judgment 1. COMMISSIONER: This is an appeal against the refusal of DA201700152 for alterations and additions to an existing factory building at 2-22 Hutchinson Street and 27-33 Applebee Street St Peters. 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 rely on the amended plans prepared by Candalepas Associates: Plan, Revision Plan/Document Date and Issue No. Name DA-1000 Revision E Cover Sheet 28/02/2018 DA-1001 Revision E Site Analysis 28/02/2018 DA-1101 Revision E Ground Floor Plan 28/02/2018 DA-1102 Revision E Level One Plan 28/02/2018 DA-1103 Revision E Typical Floor Plan 28/02/2018 DA-1104 Revision E Level Four Plan 28/02/2018 DA-1105 Revision E Roof Plan 28/02/2018 DA-1201 Revision E Section A 28/02/2018 DA-1301 Revision E Elevation North 28/02/2018 DA-1302 Revision E Elevation East 28/02/2018 DA-1303 Revision E Elevation South 28/02/2018 DA-1304 Revision E Elevation South-West 28/02/2018 DA-1350 Revision E Hutchinson Street Context Elevation 28/02/2018 DA-1351 Revision E Applebee Street Context Elevation 28/02/2018 DA-1601 Revision E Amenity Calculations 28/02/2018 DA-1851 Revision E Development Calculations 28/02/2018 DA-1950 Revision E Adaptable Unit Layout 28/02/2018 1. The appeal is upheld 2. Development application D/2017/00152 is approved subject to the conditions in Annexure A to this agreement. 3. The applicant is to pay the Council's costs thrown away as a result of the amended plans pursuant to s8.15(3) of the Environmental Planning and Assessment Act 1979 in the sum of $9,000 within 28 days. ………………………. Graham Brown Commissioner of the Court Annexure A (224 KB, pdf) Amendments 31 May 2018 - Pursuant to UCPR 36.17, the slip rule, amend Orders of 6 March 2018, correction to Annexure A at conditions (32) and (52). 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: 31 May 2018