Parker Logan Property Pty Ltd v The Council of the City of Sydney

[2018] NSWLEC 1059

Land and Environment Court

New South Wales

Medium Neutral Citation:	Parker Logan Property Pty Ltd v The Council of the City of Sydney [2018] NSWLEC 1059
Hearing dates:	Conciliation conference on 19 October 2017
Date of orders:	16 February 2018
Decision date:	16 February 2018
Jurisdiction:	Class 1
Before:	Dickson 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:	Parker Logan Property Pty Ltd (Applicant) The Council of the City of Sydney (Respondent)
Representation:	Solicitor: Anthony Boskovitz, Boskovitz & Associates Solicitors (Applicant) Kirsten Morrin, City of Sydney (Respondent)
File Number(s):	2017/185333
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/2017/587 for the construction of a rooftop terrace, a weather protection roof, access stairs located at 20-22 Mary Street, Surry Hills, being all that land comprised in Lot 1 in DP1231333, subject to the conditions of consent in Annexure B.

4. The amount of costs payable by the Applicant to the Respondent pursuant to section 97B of the Environmental Planning and Assessment Act, 1979 as Ordered by the Court on 23 November, 2017 is to be $5,000.00.

……………………….

D M Dickson

Commissioner of the Court

Annexure A (2.69 MB, pdf)

Annexure B (53.4 KB, pdf)