Sydney Redevelopments Pty Ltd v Council of the City of Sydney

[2018] NSWLEC 1065

Land and Environment Court

New South Wales

Medium Neutral Citation:	Sydney Redevelopments Pty Ltd v Council of the City of Sydney [2018] NSWLEC 1065
Hearing dates:	Conciliation conference on 16 February 2018
Date of orders:	16 February 2018
Decision date:	16 February 2018
Jurisdiction:	Class 1
Before:	Dickson 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:	Sydney Redevelopments Pty Ltd (Applicant) Council of the City of Sydney (Respondent)
Representation:	Solicitor: Matt Sonter, Mills Oakley Solicitors (Applicant) Alex Singh, Council of the City of Sydney (Respondent)
File Number(s):	2017/282833
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 make, 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 D/2017/920 for a staged concept application comprising a stage 1 concept approval of a 34 storey building envelope with 1 future stage of development for the detailed design of the basement, podium and tower as one development is approved subject to the conditions set out in Annexure “A” and plans at Annexure “B”.

3. The amount of costs payable by the Applicant to the Respondent pursuant to section 97B of the Environmental Planning and Assessment Act, 1979 as Ordered by the Court on 24 January, 2018 in the sum of $8,000.00 is payable by 16 March, 2018.

……………………….

D M Dickson

Commissioner of the Court

Annexure A (286 KB, pdf)

Annexure B (1.55 MB, pdf)

Decision last updated: 16 February 2018