Bettar v City of Sydney Council

[2015] NSWLEC 1100

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Bettar v City of Sydney Council [2015] NSWLEC 1100
Hearing dates:	Conciliation conference on 23 March 2015
Date of orders:	10 April 2015
Decision date:	10 April 2015
Jurisdiction:	Class 1
Before:	Brown C
Decision:	See (5) below
Catchwords:	DEVELOPMENT APPLICATION: alterations to an approved mixed use development; conciliation conference; agreement between the parties; orders
Legislation Cited:	Environmental Planning & Assessment Act 1979 Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Paul Bettar (Applicant) City of Sydney Council (Respondent)
Representation:	Counsel: Vasili Conomos, solicitor (Applicant) Kirsty Riding, solicitor (Respondent) Solicitors: Conomos Legal(Applicant) City of Sydney Council(Respondent)
File Number(s):	10028 of 2014

Judgment

1. COMMISSIONER: This is an appeal against the refusal by City of Sydney Council of Development Application No D/2014/1753 for alterations to an approved mixed use development at 2-4 Boundary Street, Alexandria.

2. 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”.

3. 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.

4. 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.

5. 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.

…………….

Commissioner Brown

10028 of 2015 Brown (O) (179 KB, pdf)

Amendments

30 April 2015 - Typographical error