Land and Environment Court New South Wales Medium Neutral Citation: Liquid Design Pty Ltd v Strathfield Council [2019] NSWLEC 1047 Hearing dates: Conciliation conference on 1 February 2019 Date of orders: 07 February 2019 Decision date: 07 February 2019 Jurisdiction: Class 1 Before: Walsh C Decision: See orders at [7] 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 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy No 55—Remediation of Land Strathfield Local Environmental Plan 2012 Category: Principal judgment Parties: Liquid Design Pty Ltd (Applicant) Strathfield Council (Respondent) Representation: Solicitors: V Conomos, Conomos Legal (Applicant) M Cottom, Pikes & Verekers Lawyers (Respondent) File Number(s): 2018/158487 Publication restriction: No Judgment 1. COMMISSIONER: The proceedings, brought under Class 1 of the Court's jurisdiction, comprise an appeal pursuant to s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against the Respondent's refusal of development application DA2018/001 (DA) for demolition of existing improvements and construction of a boarding house, at Lot 16 in Deposited Plan 11427, being 32 Courallie Avenue, Homebush West (site). 2. The Court arranged a conciliation conference between the parties under s 34(1) of the Land and Environment Court Act 1979 (LEC Act), which was held on 1 February 2019. I presided over the conciliation conference. 3. At the conciliation conference, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties. This decision involved the Court upholding the appeal and granting development consent to the development application subject to conditions. 4. Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties' decision if the parties' decision is a decision that the Court could have made in the proper exercise of its functions. The parties' decision involves the Court exercising the function under s 4.16 of the EPA Act to grant consent to the development application. The parties advise there are no jurisdictional impediments to this occurring and I note in particular that: 1. the development to be carried out complies with the prerequisites in State Environmental Planning Policy (Affordable Rental Housing) 2009; 2. there are no requirements of the Strathfield Local Environmental Plan 2012 that would prevent the Court granting development consent to the development application; and 3. the requirements of State Environmental Planning Policy No 55—Remediation of Land have been satisfied. 1. Mindful of the advice of the parties, I am satisfied that the parties' decision is one that the Court could have made in the proper exercise of its functions, as required by s 34(3) of the LEC Act. 2. As the parties' decision is a decision that the Court could have made in the proper exercise of its functions, I am required under s 34(3) of the LEC Act to dispose of the proceedings in accordance with the parties' decision. 3. The Court orders: 1. The Applicant is given leave to amend the development application and rely upon the following plans in the proceedings: Drawing No. Title/Description Prepared by Issue / Revision & Date Date received by Council A2000 Basement Plan Liquid Design Rev K, dated 19 December 2018 20 December 2018 A2001 Ground Floor Plan Liquid Design Rev K, dated 19 December 2018 20 December 2018 A2002 Level 1 Plan Liquid Design Rev J, dated 3 December 2018 12 December 2018 A2003 Level 2 Plan Liquid Design Rev I, 3 December 2018 12 December 2018 A2004 Level 3 Plan Liquid Design Rev I, dated 19 December 2018 20 December 2018 A2006 Roof Plan Liquid Design Rev H, dated 19 December 2018 20 December 2018 A3000 East & West Elevations Liquid Design Rev H, dated 3 December 2018 12 December 2018 A3001 North & South Elevations Liquid Design Rev H, dated 3 December 2018 12 December 2018 A4000 Long Sections Liquid Design Rev K, dated 19 December 2018 20 December 2018 A4001 Cross Sections Liquid Design Rev G, dated 3 December 2018 12 December 2018 A4002 Driveway Sections Liquid Design Rev A, dated 19 December 2018 20 December 2018 A9100 Finishes Liquid Design Rev D, 30 July 2018 12 December 2018 9311 Privacy Study Liquid Design Rev D, 3 December 2018 12 December 2018 1. The Applicant is to pay those costs of the Respondent thrown away as a result of amending the development application pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed. 2. The appeal is upheld. 3. Development application DA2018/001 seeking approval for the demolition of existing structures and construction of a four (4) storey boarding house containing 15 lodger rooms and 1 manager's room over a single level of basement parking is approved subject to the conditions in Annexure A. ………………………. Peter Walsh Commissioner of the Court Annexure A (561 KB, pdf) Plans (13.5 MB, 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: 12 February 2019