Karimbla Construction Services (NSW) Pty Limited v The Council of the City of Sydney

[2018] NSWLEC 1040

Land and Environment Court

New South Wales

Medium Neutral Citation:	Karimbla Construction Services (NSW) Pty Limited v The Council of the City of Sydney [2018] NSWLEC 1040
Hearing dates:	Conciliation conference on 30 January 2018
Date of orders:	02 February 2018
Decision date:	02 February 2018
Jurisdiction:	Class 1
Before:	Gray C
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION - replacement of the existing top of building sign to the mid-rise parapet - conciliation conference - agreement between the parties - orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Karimbla Constructions Services (NSW) Pty. Limited (Applicant) Council of the City of Sydney (Respondent)
Representation:	Solicitor: Mr J Callaghan, Meriton Property Services Pty Ltd (Applicant) Mr A Singh, Council of the City of Sydney (Respondent)
File Number(s):	2017/257836
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. Leave is granted to the Applicant to rely on the amended plans set out in Annexure A. The parties agree that the amendments are minor for the purposes of section 97B of the Environmental Planning and Assessment Act 1979 (NSW).

2. The appeal is upheld.

3. Development consent is granted to development application No. D/2017/374 for the replacement of the existing top of building sign to the mid-rise parapet of the serviced apartments at 4-10 Campbell Street, Haymarket, being the land comprised in Lot 21 on Deposited Plan 804108 with a new illuminated building identification sign, subject to the conditions of consent in Annexure B.

……………………….

Commissioner Gray

Annexure A (1.31 MB, pdf)

Annexure B (301 KB, pdf)