Jossey Pty Ltd v The Council of the City of Sydney

[2018] NSWLEC 1560

Land and Environment Court

New South Wales

Medium Neutral Citation:	Jossey Pty Ltd v The Council of the City of Sydney [2018] NSWLEC 1560
Hearing dates:	Conciliation conference on 5 – 6 September 2018
Date of orders:	18 October 2018
Decision date:	18 October 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:	Jossey Pty Ltd (Applicant) The Council of the City of Sydney (Respondent)
Representation:	Counsel: N Hammond (Applicant) T To (Respondent) Solicitors: Colin Biggers & Paisley (Applicant) Council of the City of Sydney (Respondent)
File Number(s):	2018/66449
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. Leave is granted to the Applicant to amend its Development Application No. D/2017/1589 by relying on the plans and other documents referred to in condition 1 the Conditions of Consent at Annexure A.

2. The written request to depart from the height standard on the site set out in “Clause 4.6 Variation to clause 4.3 of Sydney LEP 2012 Exceptions to development standards – Height Variation” prepared by ABC Planning Pty Ltd dated September 2018 pursuant to Sydney Local Environmental Plan 2012 is upheld.

3. The appeal is upheld.

4. Pursuant to section 8.7 of the Environmental Planning and Assessment Act 1979, development consent is granted to Development Application No. D/2017/1589 for the demolition of the existing detached single storey dwelling and construction of an attached, two storey dual occupancy and subdivision into two Torrens title lots at 5 Minogue Crescent in accordance with the Conditions of Consent, as set out in Annexure A.

5. The Respondent’s reasons for agreement to the terms of the decision, are set out in Annexure B.

……………………….

Michael Chilcott

Commissioner of the Court

Annexure A (306 KB, pdf)

Annexure B (136 KB, pdf)