Stasia Pty Ltd v Council of the City of Sydney

[2016] NSWLEC 1566

Land and Environment Court

New South Wales

Medium Neutral Citation:	Stasia Pty Ltd v Council of the City of Sydney [2016] NSWLEC 1566
Hearing dates:	Conciliation conference on 21 September 2016
Date of orders:	29 November 2016
Decision date:	29 November 2016
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:	Stasia Pty Ltd (Applicant) Council of the City of Sydney (Respondent)
Representation:	Counsel: Mr C. McEwen SC (Applicant) Dr S. Berveling barrister (Respondent)   Solicitors: Wiltshire Webb Staunton Beattie Lawyers (Applicant) Council of the City of Sydney (Respondent)
File Number(s):	2016/191072

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 were made on the date recorded on those orders. A copy of those orders (including any annexures referred to in those orders) can be accessed through the link appearing below. The date of the orders appears on the first page of the orders.

1. Leave is granted to the applicant to amend the development application to rely on the plans referred to in the condition 1(1)(a) of the conditions of consent in Attachment ‘A’.

2. Applicant to pay those costs of the Council that are thrown away as a result of amending the development application pursuant to s 97B of the Environmental Planning and Assessment Act 1979.

3. Development consent is granted to Development Application No. D-2016-583 for alterations and additions and use as a residential apartment building and commercial office including a third storey addition, demolition of existing garage and construction of three storey infill building and below ground stacked parking subject to the conditions in Attachment ‘A’.

…………….

Commissioner O’Neill

191072.16 O'Neill (C) (474 KB, pdf)

191072.16 O'Neill - PLANS_35 Richards Avenue_Issue E (9.43 MB, pdf)