Steele v Council of the City of Sydney

[2016] NSWLEC 1489

Land and Environment Court

New South Wales

Medium Neutral Citation:	Steele v Council of the City of Sydney [2016] NSWLEC 1489
Hearing dates:	Conciliation conference on 29 September 2016
Date of orders:	25 October 2016
Decision date:	25 October 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:	Oliver Steele (Applicant) Council of the City of Sydney (Respondent)
Representation:	Counsel: V. Conomos, solicitor (Applicant) M. Flick, solicitor (Respondent)   Solicitors: Conomos Legal (Applicant) Council of the City of Sydney (Respondent)
File Number(s):	2016/162124

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. The appeal is upheld.

2. The application is granted leave to rely on the amended plans listed at condition (1)(a) of Annexure ‘A’.

3. The applicant is to pay the respondent’s costs thrown away as agreed or assessed pursuant to section 97B of the Environmental Planning and Assessment Act 1979.

4. Application D/2015/1725 for demolition of the existing building, tree removal, and construction of a new four storey residential flat building comprising 10 units with basement car parking is approved subject to the conditions annexed and marked “A”

…………….

Susan O’Neill

Commissioner

162124.16 - Annexure A (250 KB, pdf)