Landcorp Australia Pty Ltd v The Council of the City of Sydney

[2019] NSWLEC 1052

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Landcorp Australia Pty Ltd v The Council of the City of Sydney [2019] NSWLEC 1052
Hearing dates:	Conciliation conference on 8 February 2019
Date of orders:	08 February 2019
Decision date:	08 February 2019
Jurisdiction:	Class 1
Before:	Gray C
Decision:	See [7] below
Catchwords:	DEVELOPMENT APPLICATION – business identification sign - conciliation conference - agreement between the parties - orders
Legislation Cited:	Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Sydney Local Environmental Plan 2012
Category:	Principal judgment
Parties:	Landcorp Australia Pty Ltd (Applicant) The Council of the City of Sydney (Respondent)
Representation:	Solicitors: P Bean, Mills Oakley (Applicant) P Canning, City of Sydney Council (Respondent)
File Number(s):	2018/285748
Publication restriction:	No

Judgment

1. COMMISSIONER: This appeal concerns a development application for the erection of business identification signage adjacent to the main entrance of Hudson House fronting Macquarie Street at 127-131 Macquarie Street, Sydney. The applicant (Landcorp Australia Pty Ltd) lodged an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (“EPA Act”) on 18 September 2018 following the refusal (on 3 September 2018) by the Council of the City of Sydney of Development Application D/2018/665. In exercising the functions of the consent authority on the appeal, the Court has the power to determine the development application pursuant to ss 4.15 and 4.16 of the EPA Act. The final orders in this appeal, outlined in [7] below, are made as a result of an agreement between the parties that was reached at a conciliation conference.

2. The Court arranged a conciliation conference under s 34(1) of the Land and Environment Court Act 1979 (“Court Act”) between the parties, which was held on 8 February 2019. I presided over the conciliation conference.

3. At the conciliation conference, an agreement under s 34(3) of the Court Act was reached between the parties as to the terms of a decision in the proceedings that was acceptable to the parties. The decision agreed upon is for leave to be granted to amend the development application, and for the grant of development consent subject to conditions of consent pursuant to s 4.16(1) of the EPA Act.

4. As the presiding Commissioner, I was satisfied that the decision to grant development consent to the amended application subject to conditions of consent is a decision that the Court can make in the proper exercise of its functions (this being the test applied by s 34(3) of the Court Act). I formed this state of satisfaction as the development is for the purpose of ‘signage’, which is a permissible use in the B8 – Metropolitan Centre zone pursuant to the Sydney Local Environmental Plan 2012 (“SLEP 2012”). There were no other jurisdictional prerequisites that were identified by the parties as matters that need to be satisfied prior to a grant of development consent.

5. Having reached the state of satisfaction that the decision is one that the Court could make in the exercise of its functions, s 34(3)(a) of the Court Act requires me to “dispose of the proceedings in accordance with the decision”. The Court Act also required me to “set out in writing the terms of the decision” (s 34(3)(b)).

6. In making the orders to give effect to the agreement between the parties, I was not required to make, and have not made, any assessment of the merits of the development application against the discretionary matters that arise pursuant to an assessment under s 4.15 of the EPA Act.

7. The Court orders:

1. The Applicant is granted leave to rely on the amended drawings dated 5 December 2018 (as referred to in condition 1 of Annexure “A”) for the purpose of the development application.

2. The appeal is upheld.

3. Development consent is granted to development application D/2018/665 for the erection of business identification signage adjacent to the main entrance of Hudson House fronting Macquarie Street at 127-131 Macquarie Street, Sydney, subject to the conditions contained in Annexure “A”.

……………………….

Commissioner Gray

Annexure A (197 KB, pdf)

Plans (10.4 MB, pdf)

Amendments

28 March 2019 - Condition 2 of Annexure A updated to reflect the Orders made 8 February 2019.