Environa Studio Pty Ltd v Council of the City of Sydney

[2017] NSWLEC 1236

Land and Environment Court

New South Wales

Medium Neutral Citation:	Environa Studio Pty Ltd v Council of the City of Sydney [2017] NSWLEC 1236
Hearing dates:	Conciliation conference on 10 May 2017
Date of orders:	10 May 2017
Decision date:	10 May 2017
Jurisdiction:	Class 1
Before:	O’Neill 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:	Environa Studio Pty Ltd (Applicant) Council of the City of Sydney (Respondent)
Representation:	Counsel: Mr T. Flaherty solicitor (Applicant) Mr A. Singh solicitor (Respondent)   Solicitors: Mills Oakley (Applicant) Council of the City of Sydney (Respondent)
File Number(s):	2016/214423
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, 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 were made on the date recorded on those orders. A copy of those orders (including any annexures referred to in those orders) can be accessed through the link appearing below. The date of the orders appears on the first page of the orders.

1. Leave is granted to the Applicant to rely on the amended plans set out in Annexure A.

2. The parties agree that the amendments made to the plans are not minor for the purposes of section 97B of the Environmental Planning and Assessment Act 1979 (NSW). The Applicant is to pay the Respondent’s costs pursuant to section 97B as agreed or assessed.

3. The appeal is upheld.

4. Development consent is granted to Development Application No D/2015/1758 for demolition of the existing building and construction of a 14 storey mixed use development with 1 basement level, ground floor retail, 16 bicycle parking spaces, 16 residential units and a roof garden, located at 651 George Street, Haymarket, being all that land comprised in Lot 1 DP 745890, subject to the conditions of consent at Annexure B.

…………….

Commissioner O’Neill

214423.16 Annexure A - Plans (11.5 MB, pdf) 

214423.16 Annexure B (C) (165 KB, pdf)