Sayed Holdings Pty Ltd v Woollahra Council

[2017] NSWLEC 1324

Land and Environment Court

New South Wales

Medium Neutral Citation:	Sayed Holdings Pty Ltd v Woollahra Council [2017] NSWLEC 1324
Hearing dates:	Conciliation conference on 8 June 2017
Date of orders:	23 June 2017
Decision date:	23 June 2017
Jurisdiction:	Class 1
Before:	Morris 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:	Sayed Holdings Pty Ltd (Applicant)   Woollahra Council (Respondent)
Representation:	Solicitors: Mr A Boskovitz Boskovitz & Associates (Applicant) Ms M Hawley Lindsay Taylor Lawyers (Respondent)
File Number(s):	54877/2017
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, 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 appeal is upheld.

2. Development Application No. DA489/2016/1 is approved for the demolition of existing structures and construction of a 5 storey mixed use development comprising of 11 residential units, 3 commercial shops and basement parking for 21 cars on Lot 6, 7, 8 & 9 in DP 14000 known as 434 – 440 New South Head Road, Double Bay, subject to the conditions at Annexure A.

…………….

Commissioner Morris

54877.17 Morris (C) Annexure A (738 KB, pdf)

54877.17 Morris - Amended architectural plans - 434-440 New South Head Road Double Bay (3.43 MB, pdf)