William Property Pty Ltd v City of Sydney Council

[2016] NSWLEC 1098

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	William Property Pty Ltd v City of Sydney Council [2016] NSWLEC 1098
Hearing dates:	Conciliation conference on 14 March 2016
Date of orders:	17 March 2016
Decision date:	17 March 2016
Jurisdiction:	Class 1
Before:	Morris 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:	William Property Pty Ltd (Applicant) City of Sydney Council (Respondent)
Representation:	Ms S Hill, Hones Lawyers (Applicant) Mr A Simpson, City of Sydney Council (Respondent)
File Number(s):	10884 of 2015
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, 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.

…………….

Commissioner Morris

10884 of 2015 17 March 2016 (70.7 KB, pdf)

10884 of 2015 Morris (C) (395 KB, pdf)

10884 of 2015 Morris_21-27 William Street, Beaconsfield - DA01t - Site Analysis & Roof Plan (769 KB, pdf)

10884 of 2015 Morris_21-27 William Street, Beaconsfield - DA02t - Basement Floor Plan (355 KB, pdf)

10884 of 2015 Morris_21-27 William Street, Beaconsfield - DA03t - Ground Floor Plan (720 KB, pdf)

10884 of 2015 Morris_21-27 William Street, Beaconsfield - DA04t - First Floor Plan (633 KB, pdf)

10884 of 2015 Morris_21-27 William Street, Beaconsfield - DA05t - First Floor Plan (653 KB, pdf)

10884 of 2015 Morris_21-27 William Street, Beaconsfield - DA06t - Terrace Level Plan (529 KB, pdf)

10884 of 2015 Morris_21-27 William Street, Beaconsfield - DA07t - East & West Elevation (671 KB, pdf)

10884 of 2015 Morris_21-27 William Street, Beaconsfield - DA08t - South Elevation (617 KB, pdf)

10884 of 2015 Morris_21-27 William Street, Beaconsfield - DA09t - Sections A-A B-B (594 KB, pdf)

10884 of 2015 Morris_21-27 William Street, Beaconsfield - DA10t - Section C-C (411 KB, pdf)

10884 of 2015 Morris_21-27 William Street, Beaconsfield - DA15t - Details - Driveway Waste & ... (300 KB, pdf)

10884 of 2015 Morris_21-27 William Street, Beaconsfield - DA16t - External Finishes (626 KB, pdf)

Amendments

21 March 2016 - Plans uploaded

21 March 2016 - corrected conciliation conference year