Cranswick-Smith v The Council of the City of Sydney

[2019] NSWLEC 1155

Land and Environment Court

New South Wales

Medium Neutral Citation:	Cranswick-Smith v The Council of the City of Sydney [2019] NSWLEC 1155
Hearing dates:	Conciliation conference on 5 April 2019
Date of orders:	05 April 2019
Decision date:	05 April 2019
Jurisdiction:	Class 1
Before:	O’Neill C
Decision:	See orders at [5] below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference – agreement between the parties – orders
Legislation Cited:	Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Graham Cranswick-Smith (Applicant) The Council of the City of Sydney (Respondent)
Representation:	Solicitors: T Ward, Sydney City Council (Respondent)   Other: G Cranswick-Smith, litigant in person (Applicant)
File Number(s):	2018/390254
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal pursuant to the provisions of s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against the terms of the development consent issued for alterations and additions to a penthouse apartment (the approved development) at 400/65 Cowper Wharf Road, Woolloomooloo (the site) by the Council of the City of Sydney (the Council).

2. The Court arranged a conciliation conference under s 34 of the Land and Environment Court Act 1979 (LEC Act) between the parties, which was held on 5 April 2019. I presided over the conciliation conference.

3. At the conciliation conference, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to both parties. The parties agreed to the deletion of condition 2(b) requiring proposed new balconies to be deleted; and the amendment of condition 2(d), changing the requirements for the glass balustrade to the southern side only of the new southern balcony from "opaque" glazing to "obscure" glazing and the height of the balustrade from 1.8m to 1.6m.

4. Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties' decision, if the parties' decision is a decision that the Court could have made in the proper exercise of its functions. The parties' decision involves the Court exercising the function under s 4.16 of the EPA Act to grant consent in the terms agreed by the parties.

Orders

5. The orders of the Court are:

1. The appeal is upheld.

2. Development Consent No. D/2018/245 is amended to delete condition 2(a) and alter condition 2(d) of the consent, subject to the amended conditions of consent at Annexure A.

………………………….

Susan O'Neill

Commissioner of the Court

Annexure A

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Decision last updated: 12 April 2019