Cracknell and Lonergan Architects Pty Ltd v The Council of the City of Sydney
[2016] NSWLEC 1306
•19 July 2016
Land and Environment Court
New South Wales
Medium Neutral Citation: Cracknell & Lonergan Architects Pty Ltd v The Council of the City of Sydney [2016] NSWLEC 1306 Hearing dates: Conciliation conference on 29 March 2016 Date of orders: 19 July 2016 Decision date: 19 July 2016 Jurisdiction: Class 1 Before: O’Neill 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: Cracknell and Lonergan Architects (Applicant)
City of Sydney Council (Respondent)Representation: Counsel:
Solicitors:
Mr V. Conomos solicitor (Applicant)
Ms A. Pearman barrister (Respondent)
Conomos Legal (Applicant)
City of Sydney Council (Respondent)
File Number(s): 2016/152739 (formerly 11178 of 2015) Publication restriction: No
Judgment
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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”.
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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.
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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.
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The final orders to give effect to the parties’ agreement under s34(3) of the Land and Environment Court Act 1979 are:
The applicant is granted leave to rely on the amended plans as referred to in the conditions of consent contained in Annexure ‘A’.
In accordance with section 97B of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent’s costs thrown away as a result of the amendments, as agreed or assessed.
The appeal is upheld.
Development Application No. D/2015/524 lodged on 23 April 2015 for demolition of existing single storey dwelling and construction of a multi-storey residential flat building and landscaping is approved, subject to the conditions of consent at Annexure ‘A’.
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Commissioner O’Neill
152739.16 O'Neill (C) (450 KB, pdf)
Decision last updated: 22 July 2016
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