Dean Mannix v The Council of the City of Sydney

[2017] NSWLEC 1352

Land and Environment Court

New South Wales

Medium Neutral Citation:	Dean Mannix v The Council of the City of Sydney [2017] NSWLEC 1352
Hearing dates:	Conciliation conference on 15 May 2017
Date of orders:	04 July 2017
Decision date:	04 July 2017
Jurisdiction:	Class 1
Before:	Dixon 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:	Dean Mannix (Applicant) Council of the City of Sydney (Respondent)
Representation:	Solicitor: Mr A Sattler, Sattler & Assocites Pty Ltd (Applicant) Ms K Morrin, Council of the City of Sydney (Respondent)
File Number(s):	2017/23494
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. Leave is granted to the Applicant to rely on the amended plans set out in Annexure A.

Drawing Number	Drawing Name	Date
A.01 (Rev. 1)	Proposed Site Plan	8 May 2017
A.03 (Rev. 4)	Proposed Lower & Ground Floor Plans	19 June 2017
A.04 (Rev. 4)	Proposed First Floor – Top Floor & Roof Plan	19 June 2017
A.05 (Rev. 4)	Proposed Northern & Southern Elevations	19 June 2017
A.06 (Rev. 4)	Proposed Western Elevation	19 June 2017
A.07 (Rev. 4)	Proposed Section A – A	19 June 2017

2. The parties agree that the amendments are not minor for the purposes of s 97B of the Environmental Planning and Assessment Act 1979 (NSW).

3. The Applicant is to pay the Respondent’s costs thrown away pursuant to section 97B of the Environmental Planning and Assessment Act 1979 in the agreed sum of $2000 within 14 days.

4. The appeal is upheld.

5. Development consent is granted to development application No. D/2016/437 for Alterations and additons to a dwelling house located at 127 Devonshire Street, Surry Hills, being all that land comprised in Lot 104 DP 619019, subject to the conditions of consent in Annexure B.

……………………….

Commissioner Dixon

23494.17 Dixon - Annexure A - Amended Plans (Final) (3.67 MB, pdf)

23494.17 Dixon (C) Annexure B (415 KB, pdf)