Paul Bettar v The Council of the City of Sydney
[2017] NSWLEC 1288
•06 June 2017
Land and Environment Court
New South Wales
Medium Neutral Citation: Paul Bettar v The Council of the City of Sydney [2017] NSWLEC 1288 Hearing dates: Conciliation Conference on 5 June 2017 Date of orders: 06 June 2017 Decision date: 06 June 2017 Jurisdiction: Class 1 Before: O’Neill 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: Paul Bettar(Applicant)
The Council of the City of Sydney(Respondent)Representation: Mr A. Whealy (Solicitor) (Applicant)
Ms K. Morrin (Solicitor) (Respondent)
File Number(s): 2017/239680 Publication restriction: No
Judgment
-
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”.
-
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.
-
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.
-
The final orders to give effect to the parties’ agreement under s34(3) of the Land and Environment Court Act 1979 are:
The applicant is granted leave to amend application D/2016/719 to rely on the following amended plans, as referred to in Condition 1 of Annexure A:
Drawing Number
Title
Date
A1001 Rev DA10
Site: Location Plan
17.05.2017
A1005 Rev DA10
Site: Site Analysis Plan
05.06.2017
A2200 Rev DA10
Plan: Basement Lower
05.06.2017
A2201 Rev DA10
Plan: Basement
05.06.2017
A2202 Rev DA10
Plan: Ground
05.06.2017
A2203 Rev DA10
Plan: Level 01
05.06.2017
A2204 Rev DA10
Plan: Level 02
05.06.2017
A2205 Rev DA10
Plan: Level 03
05.06.2017
A2206 Rev DA10
Plan: Level 04
05.06.2017
A2207 Rev DA10
Plan: Level 05
05.06.2017
A2208 Rev DA10
Plan: Mezzanine
05.06.2017
A2209 Rev DA10
Plan: Roof
05.06.2017
A2250 Rev DA09
Plan: Adaptable
05.06.2017
A2401 Rev DA10
Area: GFA
05.06.2017
A2402 Rev DA10
Area: Landscape + Deep Soil
05.06.2017
A3005 Rev DA10
Elevation: East Botany Rd
05.06.2017
A3006 Rev DA10
Elevation: South
05.06.2017
A3007 Rev DA10
Elevation: West Ralph St
05.06.2017
A3008 Rev DA10
Elevation: North
05.06.2017
A3009 Rev DA10
Elevation: West Botany Rd
05.06.2017
A3010 Rev DA10
Elevation: East Central
05.06.2017
A3011 Rev DA10
Elevation: West Central
05.06.2017
A3012 Rev DA10
Elevation: East Ralph St
05.06.2017
A3101 Rev DA10
Section: East West Section A
05.06.2017
A3102 Rev DA10
Section: North South Section B
05.06.2017
A5202 Rev DA10
Typical Facade Detail 02
05.06.2017
A9001 Rev DA10
Perspective: Hayes St View
05.06.2017
SK003
Detail Section Through Botany Road Facing Unit
10/2013
The applicant is to pay the respondent’s costs thrown away as agreed or assessed pursuant to section 97B of the Environment and Planning Assessment Act 1979.
The amended Clause 4.6 exception for a variation to the maximum height of buildings standard, dated February 2017, is upheld.
The appeal is upheld.
Application D/2016/719 for the demolition of the existing buildings on the property at 600 Botany Road, Alexandria and for excavation and the construction of a mixed use development comprising two six storey and one five storey building with 66 residential units, ground floor commercial and two levels of basement parking is approved subject to the conditions annexed and marked “A”.
…………….
S O’Neill
Commissioner of the Court
239680.17 - Plans (O'Neill C) (9.88 MB, pdf) 239680.17 - Plans (O'Neill C) (9.88 MB, pdf)
Decision last updated: 06 June 2017
0
0
1