Sciascia v Council of the City of Sydney

[2017] NSWLEC 1415

Land and Environment Court

New South Wales

Medium Neutral Citation:	Sciascia v Council of the City of Sydney [2017] NSWLEC 1415
Hearing dates:	Conciliation conference on 4 August 2017
Date of orders:	04 August 2017
Decision date:	04 August 2017
Jurisdiction:	Class 1
Before:	Dickson C
Decision:	See [5] below
Catchwords:	DEVELOPMENT APPEAL under s97(1) against refusal of an application for alterations and additions to an existing terrace, construction of a new dwelling and subdivision - conciliation conference – amended design - agreement between the parties - orders
Legislation Cited:	Land and Environment Court Act 1979 Environmental Planning and Assessment Act 1979
Category:	Principal judgment
Parties:	Mr David Sciascia (Applicant) Council of the City of Sydney (Respondent)
Representation:	Solicitors: Jaku Legal, (Applicant) Council of the City of Sydney (Respondent)
File Number(s):	2017/103925
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal, under s97 of the Environmental Planning and Assessment Act 1979, against Council’s refusal of development application number D/2016/1474. The application sought approval for alterations and additions to the existing dwelling, construction of a new dwelling and Torrens Title subdivision into two allotments. The development is proposed at Lot 1 DP 61640, 13 Ann 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 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/2016/1474 for alterations to an existing terrace dwelling located at 13 Ann Street, Surry Hills being all that land comprised in Lot 1 DP61640 together with the construction of a new 3 storey dwelling fronting Little Albion Street with Torrens Title subdivision of the site into two lots, subject to the conditions of consent in Annexure B.

…………….

D M Dickson

Commissioner of the Court

103925.17 Dickson - Annexure A Plans (3.97 MB, pdf)

103925.17 Dickson - (C) Annexure B (1.55 MB, pdf)

103925.17 Dickson - Basix Certificate (2.47 MB, pdf)