Justin Henry O'Toole Vaughan v The Council of the City of Sydney

[2017] NSWLEC 1346

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Justin Henry O'Toole Vaughan v The Council of the City of Sydney [2017] NSWLEC 1346
Hearing dates:	Conciliation conference on 30 June 2017
Date of orders:	30 June 2017
Decision date:	30 June 2017
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:	Justin Henry O'Toole Vaughan (Applicant) The Council of the City of Sydney (Respondent)
Representation:	Mr Griffiths, Bartier Perry (Applicant) Mr Ward, Sydney City Council (Respondent)
File Number(s):	2017/00088045
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 appeal is upheld.

2. The Applicant is granted leave to amend Section 82A Review Application No. RD/2016/1073 and to rely upon the following amended plans and documents, copies of which are behind Annexure “A”:

Drawing No.	Prepared by	Date
34AA_001, Revision A	Ergo Architecture	31 May 2017
34AA_101, Revision A	Ergo Architecture	31 May 2017
34AA_301, Revision A	Ergo Architecture	31 May 2017
34AA_302, Revision A	Ergo Architecture	31 May 2017
34AA_401, Revision A	Ergo Architecture	31 May 2017
34AA_402, Revision A	Ergo Architecture	31 May 2017
34AA_961, Revision A	Ergo Architecture	31 May 2017
34AA_962, Revision A	Ergo Architecture	31 May 2017

3. Section 82A Review Application No. RD/2016/1073 (as amended) for alterations and additions to the existing dwelling house including the addition of a third storey, reinstating the garage opening to Mackey Street and internal modifications at lot 2 in Deposited Plan 521721, otherwise known as 42A Mackey Street, Surry Hills, be approved subject to the conditions contained at Annexure “B”.

…………….

Commissioner M Chilcott

88045.17 Chilcott - Annexure A - 42A Mackey Street Surry Hills (2.68 MB, pdf)

88045.17 Chilcott (C) Annexure B (407 KB, pdf)

Amendments

04 July 2017 - Attachment of Annexure B