Connelly v The Council of the City of Sydney

[2017] NSWLEC 1260

Land and Environment Court

New South Wales

Medium Neutral Citation:	Connelly v The Council of the City of Sydney [2017] NSWLEC 1260
Hearing dates:	Conciliation conference on 26 May 2017
Date of orders:	26 May 2017
Decision date:	26 May 2017
Jurisdiction:	Class 1
Before:	Gray C
Decision:	See (4) below
Catchwords:	MODIFICATION APPLICATION - conciliation conference - agreement between the parties - orders
Legislation Cited:	Land and Environment Court Act 1979 s 34
Category:	Principal judgment
Parties:	Paul Gerard Connelly (Applicant) Council of the City of Sydney (Respondent)
Representation:	Solicitor: Mr Griffiths, Bartier Perry (Applicant) Mr A Singh, City of Sydney (Respondent)
File Number(s):	2017/126854
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/2015/615/B to amend conditions 2, 3 and 9 and delete Condition 2(a) in relation to 18 Oxley Street, Glebe, being land comprised in the Common Property of SP67631, as set out in and subject to the conditions of consent in Annexure A.

……………………….

Joanne Gray

Commissioner of the Court

126854.17 Gray (C) (347 KB, pdf)