Alchin v The Council of the City of Sydney [2015] NSWLEC 1302

Land and Environment Court New South Wales

Medium Neutral Citation: Alchin v The Council of the City of Sydney [2015] NSWLEC 1302 Hearing dates: Conciliation conference on 8 July 2015 Date of orders: 28 July 2015 Decision date: 28 July 2015 Jurisdiction: Class 1 Before: Brown ASC Decision: See (5) below Catchwords: MODIFICATION APPLICATION: modification of existing consent to provide a movable awning; conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: John Alchin (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: Ms Christina Renner (Applicant) Ms Kirsten Morrin (Respondent)

Solicitors: GADENS Lawyers (Applicant) The Council of the City of Sydney (Respondent) File Number(s): 10456 of 2015 Publication restriction: No

Judgment 1. COMMISSIONER: This is an appeal against the refusal of modification application D/2014/757/A to allow a movable awning to the western terrace of 7/22-24 Macleay Street, Elizabeth Bay. 2. 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". 3. 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. 4. 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. 5. 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. ……………. G T Brown Acting Senior Commissioner 10456 of 2015 Brown (s34O) (7.32 KB, pdf) 10456 of 2015 gtb (C) (38.5 KB, pdf) 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: 04 August 2015