Twenty Three Doody Pty Ltd v The Council of the City of Sydney

[2017] NSWLEC 1632

Land and Environment Court

New South Wales

Medium Neutral Citation:	Twenty Three Doody Pty Ltd v The Council of the City of Sydney [2017] NSWLEC 1632
Hearing dates:	Conciliation conference on
Date of orders:	09 November 2017
Decision date:	09 November 2017
Jurisdiction:	Class 1
Before:	Chilcott 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:	Twenty Three Doody Pty Ltd (Applicant) City of Sydney Council (Respondent)
Representation:	Solicitor: Mr R Wilcher, Hicksons Lawyers (Applicant) Mr Simpson, Sydney City Council (Respondent)
File Number(s):	2017/215154
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 be upheld;

2. Development consent be granted to Development Application No. D/2016/1734 for demolition of existing warehouse building within the site and construction of a new four storey commercial building and two multi storey car stackers at Lots 1 DP 89681 known as 23-25 Doody Street, Alexandria NSW 2015 on conditions set out in Annexure A;

3. Leave be granted to rely on the amended plans listed condition 1(a) of Annexure A.

……………………….

Commissioner Chilcott

215154.17 Chilcott - Annexure A (433 KB, pdf)