Land and Environment Court New South Wales Medium Neutral Citation: G & G Holdings Group Pty Ltd v Inner West Council [2018] NSWLEC 1321 Hearing dates: Conciliation conference on 12, 15 June 2018 Date of orders: 27 June 2018 Decision date: 27 June 2018 Jurisdiction: Class 1 Before: Dickson C Decision: See [5] below Catchwords: DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: G & G Holdings Group Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Solicitors: M Sonter, Mills Oakley (Applicant) S Turner, Inner West Council(Respondent) File Number(s): 2017/371682 Publication restriction: No Judgment 1. COMMISSIONER: This is an appeal by G & G Holdings Group Pty Ltd against Inner West Council's deemed refusal of DA201700421 lodged on 21 August 2017. The application seeks to demolish existing improvements and subdivide the land into 2 lots and construct a 2 part 3 storey dwelling house on each lot at 2 Merton Street, Petersham (Lot A/DP 384234). 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 s 34(3) of the Land and Environment Court Act 1979 are: 1. The Applicant is granted leave to amend Development Application No. DA201700421 and to rely upon the following amended plans and documents, copies of which are behind Annexure "A": Plan, Revision and Issue No. Plan Name/ Certificate Date Issued Prepared by Type Architectural Plans A0000 CT03 Cover 08 June 2018 ees lifestyle Pty Ltd A1001 CT03 Plan: Location 08 June 2018 ees lifestyle Pty Ltd A1002 CT03 Plan: Site Analysis 08 June 2018 ees lifestyle Pty Ltd A1003 CT03 Plan: Subdivision 08 June 2018 ees lifestyle Pty Ltd A2101 CT03 Plan: Lower Ground 08 June 2018 ees lifestyle Pty Ltd A2102 CT03 Plan: Ground 08 June 2018 ees lifestyle Pty Ltd A2103 CT03 Plan: Level 01 08 June 2018 ees lifestyle Pty Ltd A2104 CT03 Plan: Roof 08 June 2018 ees lifestyle Pty Ltd A2201 CT03 Plan: Area GFA 08 June 2018 ees lifestyle Pty Ltd A2202 CT03 Plan: Site Coverage 08 June 2018 ees lifestyle Pty Ltd A3001 CT03 Elevation: Streetscape Merton 08 June 2018 ees lifestyle Pty Ltd A3002 CT03 Elevation: East (Merton) 08 June 2018 ees lifestyle Pty Ltd A3003 CT03 Elevation West 08 June 2018 ees lifestyle Pty Ltd A3004 CT03 Elevation: North 08 June 2018 ees lifestyle Pty Ltd A3005 CT03 Elevation: South 08 June 2018 ees lifestyle Pty Ltd A3101 CT03 Section A 08 June 2018 ees lifestyle Pty Ltd A3102 CT03 Section B 08 June 2018 ees lifestyle Pty Ltd A3103 CT03 Section C 08 June 2018 ees lifestyle Pty Ltd A7001 CT03 Schedule: Door 08 June 2018 ees lifestyle Pty Ltd A7002 CT03 Schedule: Window 08 June 2018 ees lifestyle Pty Ltd A8101 CT03 Finishes Board 08 June 2018 ees lifestyle Pty Ltd DA-L101 B Landscape Plans 04.05.18 Canvas Landscape Architects 1. The appeal is upheld. 2. The Applicant's clause 4.6 request, prepared by ABC Planning Pty Ltd and dated June 2018, for variation of the Floor Space Ratio development standard under the Marrickville Local Environmental Plan 2011, a copy of which is behind Annexure "B", is upheld. 3. The applicant is to pay the Council's costs thrown away as a result of the amendment of the application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $5,000 GST exclusive in full and final payment within 28 days. 4. Development Application No. DA201700421 for subdivision of land into 2 Torrens Title allotments, construct a new 2 part 3 storey dwelling house on Lots A & B including a garage at Lot B, at 2 Merton Street, Petersham, be approved subject to the conditions which are behind Annexure "C". ………………………. D M Dickson Commissioner of the Court Annexure A (4.74 MB, PDF) Annexure B (1.66 MB, PDF) Annexure C (127 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: 27 June 2018