Dixon Andrews Architects Pty Ltd v North Sydney Council

[2018] NSWLEC 1522

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: S Shneider, Houston Dearn O’Connor (Respondent) Other: D Andrews (Director of Dixon Andrews Architects Pty Ltd) (Applicant)
File Number(s):	2018/159786
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 s 34(3) of the Land and Environment Court Act 1979 are:

1. The Applicant has leave to rely on the following amended plans:

1. CC02 Site Plan prepared by Dixon Andrews Architects issue CC2 dated 04/09/2018

2. CC03 Plan LGF prepared by Dixon Andrews Architects issue CC2 dated 04/09/2018

3. CC04 Plan GF prepared by Dixon Andrews Architects issue CC2 dated 04/09/2018

4. CC05 Plan FF prepared by Dixon Andrews Architects issue CC2 dated 04/09/2018

5. CC06 Roof Plan prepared by Dixon Andrews Architects issue CC2 dated 04/09/2018

6. CC07 North and South Elevations prepared by Dixon Andrews Architects issue CC2 dated 04/09/2018

7. CC08 East and West Elevations prepared by Dixon Andrews Architects issue CC2 dated 04/09/2018

8. CC09 Basix and North and South Sections prepared by Dixon Andrews Architects issue CC2 dated 21/08/2018

9. CC10 Window schedule Part 1 prepared by Dixon Andrews Architects issue CC2 dated 21/08/2018

10. CC11 Window schedule Part 2 prepared by Dixon Andrews Architects issue CC2 dated 21/08/2018.

2. The Appeal is upheld.

3. Modification Application 326/16/2 seeking to modify Development Application 326/26 as follows:

1. demolition of all existing buildings; and,

2. amendments to the floor levels of dwelling 1 resulting from the demolition of the remaining portion of existing building; and,

3. amendments to the floor levels of dwelling 2; and,

4. reconfiguration of and amendments to the floor plans as detailed in the approved amended plans; and,

5. associated changes to windows and external doors; and,

6. removal of full height louvre privacy screens and replacement of same with fixed obscure glass to 1.6m;

4. 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)