Lillis v The Council of the City of Sydney

[2018] NSWLEC 1275

Land and Environment Court

New South Wales

Medium Neutral Citation:	Lillis v The Council of the City of Sydney [2018] NSWLEC 1275
Hearing dates:	Conciliation conference on 8 June 2018
Date of orders:	08 June 2018
Decision date:	08 June 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:	Simon Lillis (Applicant) The Council of the City of Sydney (Respondent)
Representation:	Solicitor: D Briggs, D G Briggs and Associates (Applicant) R Bullmore, City of Sydney (Respondent)
File Number(s):	2017/362277
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 plans in condition 1(a) of Annexure “A”.   

2. The appeal is upheld.

3. Development application RD/2016/1428/A lodged on 21 November 2017 pursuant to section 8.2 of the Environmental Planning and Assessment Act 1979 (EPA Act) requesting review of the Respondent’s determination to refuse D/2016/1428 seeking consent for alterations to the existing dwelling and the construction of a new two storey dwelling to the rear of premises at 11A Burren Street, Erskineville, is approved subject to the conditions contained in Annexure “A”.

……………………….

Michael Chilcott

Commissioner of the Court

Annexure A (306 KB, pdf)

Annexure B (3.22 MB, pdf)