Amanda Siaw v Council of the City of Sydney

[2017] NSWLEC 1194

Land and Environment Court

New South Wales

Medium Neutral Citation:	Amanda Siaw v Council of the City of Sydney [2017] NSWLEC 1194
Hearing dates:	Conciliation conference on 20 March 2017
Date of orders:	18 April 2017
Decision date:	18 April 2017
Jurisdiction:	Class 1
Before:	O’Neill C
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Siaw, Amanda. (Applicant) Council of the City of Sydney (Respondent)
Representation:	Counsel: Mr V. Conomos solicitor (Applicant) Mr A. Simpson solicitor (Respondent)   Solicitors: Conomos Legal (Applicant) Council of the City of Sydney (Respondent)
File Number(s):	2016/368634

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, 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 were made on the date recorded on those orders. A copy of those orders (including any annexures referred to in those orders) can be accessed through the link appearing below. The date of the orders appears on the first page of the orders.

1. 1. The Applicant is granted leave to amend the development application and rely upon the following plans in the proceedings:

Drawing Number	Drawing Name	Dated
DA 000 Rev. H	Cover Page	06.04.2017
DA 200 Rev. H	Basement Level Plan	23.03.2017
DA 201 Rev. K	Ground Level Plan	05.04.2017
DA 202 Rev. K	Level 1-2 typical Layout Plan	06.04.2017
DA 203 Rev. K	Level 3-6 Typical Layout Plan	06.04.2017
DA 204 Rev. L	Level 7 Plan	06.04.2017
DA 205 Rev. L	Level 8 Plan	06.04.2017
DA 206 Rev. I	Roof Level Plan	23.03.2017
DA 300 Rev. G	East & South Elevations	06.04.2017
DA 301 Rev. E	West & North Elevations	06.04.2017
DA 302 Rev. C	Window Detail 01	06.04.2017
DA 303 Rev. A	Window Detail 02	06.04.2017
DA 400 Rev. E	Section A & Section B	06.04.2017
DA 500 Rev. G	GFA Calc Diagram	05.04.2017

2. The appeal is upheld.

3. Development application D/2016/1159 lodged 19 October 2016 seeking approval for alterations and additions to an approved 9 storey serviced apartment building to 62 hotel suites, removal of existing driveway, reconfiguration of floor layouts including new ground floor hotel lobby, infill of the existing and approved balconies on the western elevation, installation of new service areas and façade upgrade works, is approved, subject to the conditions in Annexure A.

…………….

Commissioner O’Neill

368634.16 Annexure A (C) (110 KB, pdf) 

368634.16 Plans (4.42 MB, pdf)