Dixon Andrews Architects Pty Ltd v North Sydney Council
[2018] NSWLEC 1522
•09 October 2018
Land and Environment Court
New South Wales
Medium Neutral Citation: Dixon Andrews Architects Pty Ltd v North Sydney Council [2018] NSWLEC 1522 Hearing dates: Conciliation conference on 2 – 3 October 2018 Date of orders: 09 October 2018 Decision date: 09 October 2018 Jurisdiction: Class 1 Before: Smithson 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: Dixon Andrews Architects Pty Ltd (Applicant)
North Sydney Council (Respondent)Representation: Solicitor:
Other:
S Shneider, Houston Dearn O’Connor (Respondent)
D Andrews (Director of Dixon Andrews Architects Pty Ltd) (Applicant)
File Number(s): 2018/159786 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 make, 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 s 34(3) of the Land and Environment Court Act 1979 are:
The Applicant has leave to rely on the following amended plans:
CC02 Site Plan prepared by Dixon Andrews Architects issue CC2 dated 04/09/2018
CC03 Plan LGF prepared by Dixon Andrews Architects issue CC2 dated 04/09/2018
CC04 Plan GF prepared by Dixon Andrews Architects issue CC2 dated 04/09/2018
CC05 Plan FF prepared by Dixon Andrews Architects issue CC2 dated 04/09/2018
CC06 Roof Plan prepared by Dixon Andrews Architects issue CC2 dated 04/09/2018
CC07 North and South Elevations prepared by Dixon Andrews Architects issue CC2 dated 04/09/2018
CC08 East and West Elevations prepared by Dixon Andrews Architects issue CC2 dated 04/09/2018
CC09 Basix and North and South Sections prepared by Dixon Andrews Architects issue CC2 dated 21/08/2018
CC10 Window schedule Part 1 prepared by Dixon Andrews Architects issue CC2 dated 21/08/2018
CC11 Window schedule Part 2 prepared by Dixon Andrews Architects issue CC2 dated 21/08/2018.
The Appeal is upheld.
Modification Application 326/16/2 seeking to modify Development Application 326/26 as follows:
demolition of all existing buildings; and,
amendments to the floor levels of dwelling 1 resulting from the demolition of the remaining portion of existing building; and,
amendments to the floor levels of dwelling 2; and,
reconfiguration of and amendments to the floor plans as detailed in the approved amended plans; and,
associated changes to windows and external doors; and,
removal of full height louvre privacy screens and replacement of same with fixed obscure glass to 1.6m;
is approved subject to the conditions set out in Annexure “A” to this agreement.
……………………….
Jenny Smtihson
Commissioner of the Court
Annexure A (144 KB, pdf)
Amended Plans (2.97 MB, pdf)
Decision last updated: 09 October 2018
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