Eldelbi v Council of the City of Sydney

Case •

[2018] NSWLEC 1168

•

04 April 2018

No judgment structure available for this case.

Land and Environment Court


New South Wales

Medium Neutral Citation: Eldelbi v Council of the City of Sydney [2018] NSWLEC 1168
Hearing dates: Conciliation conference on 20 and 29 March 2018
Date of orders: 04 April 2018
Decision date: 04 April 2018
Jurisdiction:Class 1
Before: Chilcott 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: Ibrahim Eldelbi (Applicant)
Council of the City of Sydney (Respondent)
Representation: Solicitors:
Mr Vasili Conomos, Conomos Legal (Applicant)
Mr Andrew Simpson, City of Sydney Council (Respondent)
File Number(s): 2017/300327
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. The Applicant is given leave to amend the development application and rely upon the Architectural plan sheet contained as ‘Annexure B’ to this s34 agreement.

  2. The appeal is upheld.

  3. Amended modification application D/2016/1032/A for two illuminated LED screens is approved subject to the conditions in ‘Annexure A’.

……………………….

Michael Chilcott

Commissioner of the Court

Annexure A (281 KB, pdf)

Annexure B (1.03 MB, pdf)

Decision last updated: 06 April 2018

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