Won v Ashfield Council

Land and Environment Court New South Wales Case Name:  Won v Ashfield Council Medium Neutral Citation:  [2015] NSWLEC 1201 Hearing Date(s):  18 May and 1 June 2015 Date of Orders: 4 June 2015 Decision Date:  4 June 2015 Jurisdiction:  Class 1 Before:  Moore SC Decision:  See (59) below Catchwords:  MODIFICATION APPLICATION: unsuccessful conciliation conference; continuing discussions between the parties; agreement on further modified proposal CONSENT ORDERS: leave to rely on amended plans; objections by local residents; objections largely relate to principal development not proposed modification; objections to amended modification proposal of limited nature; bulk when viewed from outside the site; amended proposal complies with controls; acoustic issues; expert evidence that amended proposal complies; consent orders made Legislation Cited:  Ashfield Local Environmental Plan 2013 Land and Environment Court Act 1979 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 Category:  Principal judgment Parties:  John Won (Applicant) Ashfield Council (Respondent) Representation:  Counsel: Mr M Sonter, solicitor (Applicant) Mr P Jackson, solicitor (Respondent)   Solicitors:    Gadens Lawyers (Applicant) Pikes and Verekers Lawyers (Respondent) File Number(s):  10126 of 2015 JUDGMENTINTRODUCTIONSENIOR COMMISSIONER: In July 2014, Hussey AC conducted a conciliation conference between the applicant and those representing and/or and advising him and Ashfield Council (the Council) and those representing and/or advertising it. That conciliation process was undertaken as part of the role of the Court in seeking, pursuant to s 34 of the Land and Environment Court Act 1979 (the Court Act) to assist the parties to proceedings in merit disputes in...