Giovanni Cirilllo v Council of the City of Sydney

[2017] NSWLEC 1672

Land and Environment Court

New South Wales

Medium Neutral Citation:	Giovanni Cirilllo v Council of the City of Sydney [2017] NSWLEC 1672
Hearing dates:	Conciliation conference on 29 September 2017
Date of orders:	27 November 2017
Decision date:	27 November 2017
Jurisdiction:	Class 1
Before:	Dickson C
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Giovanni Cirilllo (Applicant) Council of the City of Sydney (Respondent)
Representation:	Solicitors: Conomos Legal (Applicant) Council of the City of Sydney (Respondent)
File Number(s):	2017/ 148104
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 following plans in the proceedings:

Drawing Number	Drawing Name	Date
A-DA-110-001, rev 13	Basement & Ground	13 November 2017
A-DA-110-002, rev 13	Level 1 & Level 2	13 November 2017
A-DA-110-003, rev 13	Level 3 & Roof	13 November 2017
A-DA-210-001, rev 13	All Elevations	13 November 2017
A-DA-310-001, rev 13	Cross Section	13 November 2017
A-DA-310-002, rev 13	Details	13 November 2017

2. The appeal is upheld.

3. The justification to vary the height of buildings development standard under clause 4.3 of the Sydney Local Environmental Plan 2012 set out in “Justification under Clause 4.6 of Sydney Local Environmental Plan 2012 – Exceptions to Development Standards” dated September 2016 and prepared by Planning Lab is accepted.

4. Development application D/2016/1636 lodged on 23 November 2016 is approved subject to the conditions in Annexure A.

5. The Applicant is to pay those costs of the Respondent thrown away as a result of amending the development application pursuant to section 97B(2) of the Environmental Planning and Assessment Act 1979 in the amount of $5,000 to be paid within 28 days of the making of this order

……………………….

Commissioner D Dickson

148104.17 Annexure A (C) (386 KB, pdf)