Anna Countouris v The Council of the City of Sydney

[2017] NSWLEC 1228

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Anna Countouris v The Council of the City of Sydney [2017] NSWLEC 1228
Hearing dates:	Conciliation on 6 and 24 April 2017
Date of orders:	04 May 2017
Decision date:	04 May 2017
Jurisdiction:	Class 1
Before:	Smithson 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:	Anna Countouris (Applicant) The Council of the City of Sydney (Respondent)
Representation:	Solicitors: D Loether, Bartier Perry (Applicant) A Singh, City of Sydney (Respondent)
File Number(s):	2017/9868
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 s34(3) of the Land and Environment Court Act 1979 are:

1. The appeal is upheld.

2. The Applicant is granted leave to amend Development Application No. D/2016/415 and to rely upon the following amended plans, copies of which are behind Annexure “A”:

Drawing No.	Drawing Name	Prepared by	Date
A.01.1, Revision 7	Location Plan/Title Page	DesignInc	5 April 2017
A.01.2, Revision 7	Site Plan	DesignInc	5 April 2017
A.01.3, Revision 7	Photos – Existing Conditions	DesignInc	5 April 2017
A.01.4, Revision 7	Photomontage	DesignInc	5 April 2017
A.01.5, Revision 7	Perspectives	DesignInc	5 April 2017
A.01.6, Revision 7	Perspectives	DesignInc	5 April 2017
A.01.7, Revision 7	Ground Floor	DesignInc	5 April 2017
A.01.8, Revision 7	1st Floor Plan	DesignInc	5 April 2017
A.01.9, Revision 7	2nd Floor Plan	DesignInc	5 April 2017
A.01.10, Revision 7	3rd Floor Plan	DesignInc	5 April 2017
A.02.1, Revision 7	Ground Floor – GFA diagram	DesignInc	5 April 2017
A.02.2, Revision 7	1st Floor – GFA diagram	DesignInc	5 April 2017
A.02.3, Revision 7	2nd Floor – GFA Diagram	DesignInc	5 April 2017
A.02.4, Revision 7	3rd Floor – GFA Diagram	DesignInc	5 April 2017
A.03.1, Revision 7	Section AA	DesignInc	5 April 2017
A.03.2, Revision 7	Section BB	DesignInc	5 April 2017
A.04.1, Revision 7	North-East Elevation	DesignInc	5 April 2017
A.04.2, Revision 7	South-East Elevation	DesignInc	5 April 2017
A.04.3, Revision 7	South-West Elevation	DesignInc	5 April 2017
A.04.4, Revision 7	North-West Elevation	DesignInc	5 April 2017
A.05.1, Revision 7	Overshadow Diagram to Windows of 291 Broadway	DesignInc	5 April 2017
A.05.2, Revision 7	Overshadow Diagram Existing Conditions Mid-Winter (21 June)	DesignInc	5 April 2017
A.05.3, Revision 7	Overshadow Diagram Existing Conditions Mid-Autumn (21 March)	DesignInc	5 April 2017
A.05.4, Revision 7	Overshadow Diagram Proposed Conditions Mid-Winter (21 June)	DesignInc	5 April 2017
A.05.5, Revision 7	Overshadow Diagram Proposed Conditions Mid-Autumn (21 March)	DesignInc	5 April 2017
A.05.6, Revision 7	Outdoor Communal Area Direct Sun Access	DesignInc	5 April 2017
A.06.1, Revision 7	Ground Floor Landscape Plan	DesignInc	5 April 2017
A.07.2, Revision 7	Operable Louvre Detail	DesignInc	5 April 2017

3. The Applicant is granted leave to amend Development Application No. D/2016/415 and to rely upon the following further documents, copies of which are behind Annexure “B”:

Document	Prepared by	Date
Addendum to Statement of Environmental Effects (SEE) for DA D/2016/415 to reflect changes proposed by amended architectural drawings	Neustein Urban	11 April 2017
BASIX Certificate 747691M_02	Gradwell Consulting	31 March 2017
Plan of Management Boarding House	NC Assets Holdings Pty Ltd	Undated
BCA Capability Report	Vic Lilli & Partners Consulting	12 April 2017

4. The Applicant is to pay the Respondent’s costs pursuant to section 97B of the Environmental Planning and Assessment Act 1979, as agreed or assessed.

5. Development Application No. D/2016/415 (as amended) for the proposed demolition of existing structures and construction of a four storey boarding house, comprising 17 boarding rooms, common room and landscaping on Lot 6 in Deposited Plan 259580, otherwise known 1 Derwent Lane, Glebe, be approved subject to the conditions contained at Annexure “C”.

…………….

Jenny Smithson

Commissioner of the Court

9868.17 Annexure A part 1 (15.9 MB, pdf)

9868.17 Annexure A part 2 (13.6 MB, pdf)

9868.17 Annexure A part 3 (13.1 MB, pdf)

9868.17 Annexure B (1.41 MB, pdf)

9868.17 Annexure C (C) (109 KB, pdf)

Amendments

04 May 2017 - Annexures A and B added