Christina Ivanov v The Council of the City of Sydney

[2017] NSWLEC 1565

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Christina Ivanov v The Council of the City of Sydney [2017] NSWLEC 1565
Hearing dates:	Conciliation conference on 12 October 2017
Date of orders:	12 October 2017
Decision date:	12 October 2017
Jurisdiction:	Class 1
Before:	Dickson C
Decision:	See (5) below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; alterations to the residential unit; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Christina Ivanov (Applicant) The Council of the City of Sydney (Respondent)
Representation:	Solicitor: Mr M Steele, Steele Law (Applicant) Mr A Singh, Council of the City of Sydney (Respondent)
File Number(s):	2017/211215
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal, under s97 of the Environmental Planning and Assessment Act 1979, against Council’s refusal of development application number D/2016/1299. The application sought approval for alterations to the Unit 339 (located on levels 10 and 11) of the mixed use development balustrades to enclose the Level 10 balcony and partially enclose the Level 11 roof terrace. The development is proposed at 13 Potter Street, Waterloo.

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 make, 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 under s34(3) of the Land and Environment Court Act 1979 are:

1. Leave is granted to the Applicant to rely on the amended plans set out in Annexure A. The parties agree that the amendments are minor for the purposes of section97B of the Environmental Planning and Assessment Act 1979 (NSW).

2. The appeal is upheld.

3. Development Consent is granted to the development application No. D/2016/1299 is approved subject to the conditions of consent contained in Annexure B.

…………….

D M Dickson

Commissioner of the Court

Annexure A Plans (860 KB, pdf)

Dickson - Annexure B (139 KB, pdf

Amendments

13 October 2017 - Correction to representation name