Pollak v Council of the City of Sydney

[2019] NSWLEC 1512

Land and Environment Court

New South Wales

Medium Neutral Citation:	Pollak v Council of the City of Sydney [2019] NSWLEC 1512
Hearing dates:	Conciliation Conference on 18 October 2019
Date of orders:	30 October 2019
Decision date:	30 October 2019
Jurisdiction:	Class 1
Before:	O’Neill C
Decision:	The Court orders: (1) The applicant is granted leave to amend the application by relying on the amended plans and documentation referred to in condition 1 of the conditions of consent at Annexure A. (2) The appeal is upheld. (3) Development Application D/2018/881 to amend an approved but not yet constructed development (D/2017/854) to extend the rear roof addition to add a bedroom and bathroom to form a new second floor level and extension of the approved stairwell, glass block fire-rated wall and internal lift to the proposed new level is approved, subject to the conditions of consent at Annexure A.
Catchwords:	DEVELOPMENT APPLICATION – conciliation conference – agreement of the parties
Legislation Cited:	Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Sydney Local Environmental Plan 2012
Category:	Principal judgment
Parties:	Joe Pollak (Applicant) Council of the City of Sydney (Respondent)
Representation:	Counsel: A Knox (Solicitor) (Applicant) A Simpson (Solicitor) (Respondent)   Solicitors: Pikes & Verekers Lawyers (Applicant) Council of the City of Sydney (Respondent)
File Number(s):	2018/303844
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal pursuant to the provisions of s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against the deemed refusal of Development Application No. D/2018/881 for alterations and additions to an approved but not yet constructed development (D/2017/854) to extend the rear roof addition to add a bedroom and bathroom to form a new second floor level; to extend the approved stairwell and add a glass block fire-rated wall and internal lift to the proposed new level (the proposal) at 80 Brougham Street, Potts Point (the site) by the Council of the City of Sydney (the Council).

2. The Court arranged a conciliation conference under s 34 of the Land and Environment Court Act 1979 (LEC Act) between the parties, which has been held on 18 October 2019. I presided over the conciliation conference.

3. At the conciliation conference, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties.

4. Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties’ decision, if the parties’ decision is a decision that the Court could have made in the proper exercise of its functions. The parties’ decision involves the Court exercising the function under s 4.16 of the EPA Act to grant consent to the development application.

5. There are jurisdictional prerequisites that must be satisfied before this function can be exercised, pursuant to cll 5.10(4) and 6.21(3) of the Sydney Local Environmental Plan 2012 (LEP 2012).

6. I have considered the effect of the proposal on the heritage significance of the heritage conservation area and I am satisfied that the proposal will be a sympathetic addition to the area.

7. I am satisfied that the proposal exhibits design excellence, pursuant to the matters for consideration at cl 6.21(4) of LEP 2012, because the proposal is a sympathetic addition to the approved built form and achieves architectural design and detailing that reflects and complements the locality.

Orders

8. The orders of the Court are:

1. The applicant is granted leave to amend the application by relying on the amended plans and documentation referred to in condition 1 of the conditions of consent at Annexure A.

2. The appeal is upheld.

3. Development Application D/2018/881 to amend an approved but not yet constructed development (D/2017/854) to extend the rear roof addition to add a bedroom and bathroom to form a new second floor level and extension of the approved stairwell, glass block fire-rated wall and internal lift to the proposed new level is approved, subject to the conditions of consent at Annexure A.

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Susan O’Neill

Commissioner of the Court

Annexure A (260 KB)

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Decision last updated: 30 October 2019