Shop Top Housing Project Approved with Conditions by Land and Environment Court

The Land and Environment Court granted the applicant leave to rely on amended drawings and upheld their appeal for a development application for a shop top housing project, subject to specific conditions.

Land and [ADDRESS] South Wales

Medium Neutral Citation: [COMPANY] v Canterbury-Bankstown Council [2017] NSWLEC 1389 Hearing dates: Conciliation conference on 21 July 2017 Date of orders: 21 July 2017 Decision date: 21 July 2017 Jurisdiction: Class 1 Before: [NAME] C Decision: See (4) below Catchwords: DEVELOPMENT APPLICATION – shop top housing - conciliation conference - agreement between the parties - orders Legislation Cited: Land and [ADDRESS] 1979 Category: Principal judgment Parties: [COMPANY] (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Solicitor: [redacted] [NAME] (Respondent) File Number(s): 2016/360387 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 [ADDRESS] 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. [ADDRESS] 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 [ADDRESS] 1979 are:

1. The Applicant is granted leave to rely upon the following amended material: Drawing No. Drawing Title Prepared by Date of Plan DA09 Rev O Demolition and early siteworks plan [NAME] 13 June 2017 DA10 Rev O Proposed lane right of way [NAME] 13 June 2017 DA11 Rev O Car park 02 [NAME] 13 June 2017 DA12 Rev O Car park 01 [NAME] 13 June 2017 DA13 Rev O Ground level [NAME] 13 June 2017 DA14 Rev O Level 01 [NAME] 13 June 2017 DA15 Rev O Level 02 [NAME] 13 June 2017 DA16 Rev O Level 03 [NAME] 13 June 2017 DA17 Rev O Level 04 [NAME] 13 June 2017 DA18 Rev O [NAME] 13 June 2017 DA19 Rev O Street elevations [NAME] 13 June 2017 DA20 Rev O Side elevations [NAME] 13 June 2017 DA21 Rev O Long sections [NAME] 13 June 2017 DA22 Rev O Cross sections [NAME] 13 June 2017 DA25 Rev O [NAME] 13 June 2017 LA01 Rev B Level 1 [NAME] 3 July 2017 LA03 Rev C Level 4 [NAME] 3 July 2017 LA03 Rev B [NAME] 15 May 2017 Updated Cl.4.6 written requested dated July 2017 BASIX Certificate No. 620407M_02

1. The Applicant's cl.4.6 written request to vary the height limit is upheld.

2. The Applicant is to pay the Respondent's costs under s.97B of the Environmental Planning Assessment Act 1979 as agreed or assessed.

3. The appeal is upheld.

4. Deferred commencement consent is granted to Development Application No. DA-604/2015 for the demolition of existing structures (retaining two facades) on the five allotments legally known as Lots A and B in DP 397551, Lots A and B in DP 386670 and Lot A in DP 175217, and the construction of a four storey shop top housing development consisting of commercial tenancies on the ground floor and 31 residential units above, including two level basement parking and landscaping works on land known as 11-[ADDRESS], Belfield subject to the conditions at Annexure A. ………………………. [NAME] 360387.16 [NAME] (7.41 MB, pdf) 360387.16 [NAME] (C) (309 KB, pdf)

Amendments 21 July 2017 - Uploaded conditions 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: 21 July 2017