Land and Environment Court Approves Minor Changes to Development Application

In a conciliation conference, an agreement was reached between the parties regarding the approval of minor amendments to a development application. The court approved these amendments without conducting a merit assessment.

Land and [ADDRESS] South Wales

Medium Neutral Citation: [COMPANY] v Council of the City of Sydney [2017] NSWLEC 1466 Hearing dates: Conciliation conference on 4 August 2017 Date of orders: 25 August 2017 Decision date: 25 August 2017 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 [ADDRESS] 1979 Environmental Planning and Assessment Act 1979 Category: Principal judgment Parties: [COMPANY] (Applicant) Council of the City of Sydney (Respondent) Representation: Solicitors: [redacted] [NAME], The Council of the City of Sydney (Respondent) File Number(s): 2017/119458 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 [ADDRESS] 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. [ADDRESS] 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 [ADDRESS] 1979 are:

1. Leave is granted for the Applicant to rely on the following amended plans: Drawing Number Drawing Title Architect Dated S34 100 [NAME] 09.08.17 Issue A S34 101 [NAME] 17.08.17 Issue B S34 102 First [NAME] 09.08.17 Issue A S34 103 [NAME] 09.08.17 Issue A S34 104 [NAME] 17.08.17 Issue B S34 105 [NAME] 09.08.17 Issue A S34 200 Elevations 1 [NAME] 09.08.17 Issue A S34 201 Elevations 2 [NAME] 09.08.17 Issue A S34 202 Elevations 3 [NAME] 17.08.17 Issue B S34 250 [NAME] 09.08.17 Issue A S34 251 [NAME] 09.08.17 Issue A S34 300 Section 1 [NAME] 09.08.17 Issue A S34 301 Section 2 [NAME] 09.08.17 Issue A S34 500 Draft [NAME] 17.08.17 Issue A 14-873/1 [NAME] 31/10/16 Rev. D 771665M_04 BASIX Certificate 23.08.17

1. The amendments to the plans listed in (a) are minor and there be no order as to costs under s97B of the Environmental Planning and Assessment Act 1979 (NSW).

2. The appeal is upheld.

3. Development Application D/2017/280 which amends Development Consent D/2015/544 (D/2015/544 approved demolition of existing improvements and the construction of 2 x 4 storey residential flat buildings, containing a total of 24 dwellings, over a basement car parking level, and strata subdivision) to include 3 additional dwellings (being 2 x studio and 1 x 2 Bedroom dwellings), allocation of 4 dwellings as affordable housing units and dwelling layout modifications to the dwellings approved under D/2015/544.

4. Development Application D/2017/280 is approved subject to: 1. conditions contained in Annexure "A"; and 2. plans contained in Annexure "B". ………………………. Commissioner O'Neill 119458.17 O'Neill - Annexure A - Slip Rule (180 KB, pdf) 119458.17 O'Neill - Annexure B - Plans (7.87 MB, pdf)

Amendments 13 December 2018 - Pursuant to UCPR 36.17, the slip rule, by consent of the parties, amend orders of 25 August 2017 so that the first line of Condition (A2) of Annexure A is amended as follows:

1. The number "3" is replaced with the number "11". 2. The word "followings" is replaced with the word "follows".

As a result the first line of Condition (A2) of Annexure A now reads: "(A2) That Part (a) of Condition 11 of D/2015/544 shall be replaced as follows:" DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 13 December 2018