Botany Bay Apartments Pty Ltd as trustee for Serenity 2 Unit Trust v The Council of the City of Sydney

[2017] NSWLEC 1458

Land and Environment Court

New South Wales

Medium Neutral Citation:	Botany Bay Apartments Pty Ltd as trustee for Serenity 2 Unit Trust v The Council of the City of Sydney [2017] NSWLEC 1458
Hearing dates:	Conciliation conference on 23 August 2017
Date of orders:	24 August 2017
Decision date:	24 August 2017
Jurisdiction:	Class 1
Before:	Chilcott 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:	Botany Bay Apartments Pty Ltd as trustee for Serenity 2 Unit Trust (Applicant) The Council of the City of Sydney (Respondent)
Representation:	Solicitor: Mr M Ayache, One Group Legal (Applicant) Ms K Morrin, Council of the City of Sydney (Respondent)
File Number(s):	2017/153609
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. Development consent is granted to development application No. D/2016/1051 for demolition of an existing warehouse building and the construction of a part 4, part 5 storey residential flat building containing 35 apartments, commercial premises facing Euston Road and roof top communal open space located at 71-91 Euston Road, Alexandria, being all that land comprised in Lot A DP 330011, Lot B DP 330011, Lot 48 Sec 5 DP 1881, Lot 49 Sec 5 DP 1881, subject to the conditions of consent in Annexure A.

……………………….

Commissioner Chilcott

153609.17 Chilcott (C) (666 KB, pdf)