Salim v The Council of the City of Sydney

[2016] NSWLEC 1532

Land and Environment Court

New South Wales

Medium Neutral Citation:	Salim v The Council of the City of Sydney [2016] NSWLEC 1532
Hearing dates:	4 October 2016
Date of orders:	11 November 2016
Decision date:	11 November 2016
Jurisdiction:	Class 1
Before:	Brown C
Decision:	See (5) below
Catchwords:	DEVELOPMENT APPLICATION; alterations and additions to an existing building and use as a boarding house; conciliation conference; agreement between the parties; orders
Legislation Cited:	Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Joseph Salim (Applicant) The Council of the City of Sydney (Respondent)
Representation:	Counsel: Mr P Rigg, solicitor (Applicant) Ms R Bullmore, solicitor (Respondent) Solicitors: Peter R Rigg (Applicant) The Council of the City of Sydney (Respondent)
File Number(s):	2016/00221551
Publication restriction:	No

Judgment

1. COMMISSIONER; This an appeal against the refusal of Development Application D/2016/734 for alterations and additions to an existing building and use as a boarding house at 660 Crown Street Surry Hills.

2. 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”.

3. 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.

4. In making the orders to give effect to the agreement between the parties, I was not required to, and have not, made any merit assessment of the issues that were originally in dispute between the parties.

5. 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 granted to leave to amend its application to rely on the following plans and documents:

Drawing Number	Drawing Name	Date
A-2.01 ‘G’	Site/Roof Plan	25 October 2016
A-2.02 ‘G’	Site Analysis Plan	25 October 2016
A-3.01 ‘G’	Ground Floor Plan	25 October 2016
A-3.02 ‘G’	First Floor Plan	25 October 2016
A-3.03 ‘G’	Second Floor Plan	25 October 2016
A-4.01 ‘G’	West Elevation	25 October 2016
A-4.02 ‘G’	East Elevation	25 October 2016
A-4.03 ‘G’	North Elevation	25 October 2016
A-4.04 ‘G’	South Elevation	25 October 2016
A-5.01 ‘G’	Section AA	25 October 2016
A-7.01 ‘F’	Typical Laundry Scheme	25 October 2016
A-7.02 ‘F’	Typical Wardrobe Scheme	25 October 2016
A-7.03 ‘G’	Typical Kitchen Scheme	25 October 2016

2. The applicant is to pay Council's costs pursuant to section 97B of the Environmental Planning and Assessment Act 1979 in the amount of $2,000.00.

3. The Appeal is upheld.

4. Approval is granted to D/2016/734, subject to the condition in Annexure A, for alterations and additions to existing building, including ground and first floor rear extensions, first floor communal rear terrace, front dormer roof extension, new shop front, and use of first and second floors as a four room boarding house.

…………….

G T Brown

Commissioner

221551.16 - Annxure A (81.2 KB, pdf)