Kingsford-Smith v The Council of the City of Sydney [2020] NSWLEC 1576

Land and Environment Court New South Wales

Medium Neutral Citation: Kingsford-Smith v The Council of the City of Sydney [2020] NSWLEC 1576 Hearing dates: Conciliation conference on 17 August 2020 Date of orders: 23 November 2020 Decision date: 23 November 2020 Jurisdiction: Class 1 Before: O'Neill C Decision: See orders at [23] Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Sydney Local Environmental Plan 2012 Cases Cited: Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Category: Principal judgment Parties: Ian Kingsford-Smith (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: N Hammond (Applicant) A Simpson (Solicitor) (Respondent)

Solicitors: Hones Lawyers (Applicant) The Council of the City of Sydney (Respondent) File Number(s): 2019/396552 Publication restriction: No

Judgment 1. COMMISSIONER: This is an appeal pursuant to the provisions of s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of Development Application No. D/2019/616 for alterations and additions to the existing dwelling including the construction of a new first floor addition at the rear and attic conversions with front dormer and rear roof addition (the proposal) at 22 Ada Place, Ultimo (the site) by the Council of the City of Sydney (the Council). 2. The Court arranged a conciliation conference under s 34 of the Land and Environment Court Act 1979 (LEC Act) between the parties, which was held on 17 August 2020. I presided over the conciliation conference. 3. At the conciliation conference, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties. 4. Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties' decision, if the parties' decision is a decision that the Court could have made in the proper exercise of its functions. The parties' decision involves the Court exercising the function under s 4.16 of the EPA Act to grant consent to the development application. 5. There are jurisdictional prerequisites that must be satisfied before this function can be exercised, pursuant to cll 4.6(2) and 5.10 of the Sydney Local Environmental Plan 2012 (LEP 2012).