Hatziplis Holdings Pty Ltd v Inner West Council [2018] NSWLEC 1528

Land and Environment Court New South Wales

Medium Neutral Citation: Hatziplis Holdings Pty Ltd v Inner West Council [2018] NSWLEC 1528 Hearing dates: Conciliation conference on 21 August 2018; 5–6 September 2018; 20 September 2018; 5 October 2018 Date of orders: 10 October 2018 Decision date: 10 October 2018 Jurisdiction: Class 1 Before: Chilcott C Decision: See [4] below Catchwords: DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Marrickville Local Environmental Plan 2011 Category: Principal judgment Parties: Hatziplis Holdings Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Solicitors: D Loether, Bartier Perry Lawyers (Applicant) M Bonanno, Inner West Council (Respondent) File Number(s): 2018/73064 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 s 34(3) of the Land and Environment Court Act 1979 are: 1. The Applicant is granted leave to amend Development Application No. DA201700349 and to rely upon the following amended plans and documents, copies of which are behind Annexure "A": Plan Reference Prepared by Date DA 100 – Cover Sheet (Revision J) BKA Architecture 19 September 2018 DA 101 – Site Analysis (Revision D) BKA Architecture 13 September 2018 DA 110 – Basement 2 Plan (Revision F) BKA Architecture 13 September 2018 DA 111 – Basement 1 Plan (Revision F) BKA Architecture 13 September 2018 DA 112 – Ground Floor Plan (Revision L) BKA Architecture 19 September 2018 DA 113 – First Floor Plan (Revision I) BKA Architecture 19 September 2018 DA 114 – Second Floor Plan (Revision G) BKA Architecture 13 September 2018 DA 115 – Third Floor Plan (Revision H) BKA Architecture 13 September 2018 DA 116 – Fourth Floor Plan (Revision J) BKA Architecture 13 September 2018 DA 117 – Fifth Floor Plan (Revision J) BKA Architecture 13 September 2018 DA 119 – Roof Plan (Revision G) BKA Architecture 19 September 2018 DA 200 – East & West Elevations (Revision K) BKA Architecture 19 September 2018 DA 201 – North Elevation (Revision I) BKA Architecture 13 September 2018 DA 202 – South Elevation (Revision J) BKA Architecture 19 September 2018 DA 300 – Sections (Revision H) BKA Architecture 13 September 2018 DA 600 – Adaptable Unit Layouts (Revision C) BKA Architecture 13 September 2018 DA 740 – Height Blanket Model (Revision F) BKA Architecture 13 September 2018 DA 800 – External Finishes Schedule – North (Revision E) BKA Architecture 13 September 2018 DA 801 – External Finishes Schedule – South (Revision F) BKA Architecture 20 September 2018 DA 806 – External Finishes Schedule – East (Revision D) BKA Architecture 20 September 2018 DA 810 – Shadow Diagrams – 21st June (Revision D) BKA Architecture 13 September 2018 DA 811 – Shadow Diagrams – 21st June (Revision A) BKA Architecture 29 August 2018 DA 813 – Solar Diagram – Sun Eye Perspective Sheet 1 (Revision D) BKA Architecture 13 September 2018 DA 814 – Solar Diagram – Sun Eye Perspective Sheet 2 (Revision D) BKA Architecture 13 September 2018 SA 830 – GFA Plans (Revision K) BKA Architecture 20 September 2018 Landscape Plan – SK03 Ground Floor Plan (Revision M) Scape Design Undated Landscape Plan – SK04 Levels 2 & 4 Plans (Revision L) Scape Design Undated Landscape Plan – SK05 Levels 1 & 3 Plans (Revision E) Scape Design Undated Landscape Plan – SK06 Planting Plan (Revision K) Scape Design Undated Swept Path Analysis – SP 1 Undated Swept Path Analysis – SP 2 Undated Swept Path Analysis – SP 3 Undated Swept Path Analysis – SP 4 Undated Document Prepared by Date BASIX Certificate No. 821605M_02 Building Sustainability Assessments 20 September 2018