LAK Australia Pty Ltd v Inner West Council [2018] NSWLEC 1170

Land and Environment Court New South Wales

Medium Neutral Citation: LAK Australia Pty Ltd v Inner West Council [2018] NSWLEC 1170 Hearing dates: Conciliation conference on 14 and 28 March 2018 Date of orders: 05 April 2018 Decision date: 05 April 2018 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: LAK Australia Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Solicitors: Mr Anthony Whealy, Mills Oakley (Applicant) Mr Mark Bonanno, Inner West Council (Respondent) File Number(s): 2017/300498 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's updated cl.4.6 written request, prepared by LJB Urban Planning (a copy of which is behind Annexure "B") to vary the FSR control development standard set out in clause 4.4 of Leichhardt LEP 2013 is upheld. 2. The Appeal is upheld. 3. Development application no. D/2017/412 for the subdivision and adaptive re-use and conversion of a warehouse building into three strata title dwellings with vehicular access from Joseph Street and Loughlin Street, parking for 3 cars, landscaping, associated drainage and site remediation works at 8-10 Loughlin Street, Rozelle (Lot 1 in DP 609700) is approved subject to the conditions set out in Annexure "A". 4. The Applicant is to pay the Respondent's costs arising under section 8.15(3) of the Environmental Planning and Assessment Act 1979 in the sum of $5,500.00. ………………………. Michael Chilcott Commissioner of the Court Annexure A (199 KB, pdf) Annexure B (148 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: 06 April 2018