Shed Architects Pty Ltd v The Council of the City of Sydney [2017] NSWLEC 1008

Land and Environment Court New South Wales

Medium Neutral Citation: Shed Architects Pty Ltd v The Council of the City of Sydney [2017] NSWLEC 1008 Hearing dates: Conciliation conference on 21 November 2016 Date of orders: 09 January 2017 Decision date: 09 January 2017 Jurisdiction: Class 1 Before: Smithson C Decision: See (4) below Catchwords: Development Application: conciliation conference; agreement between the parties; orders Legislation Cited: Environment and Planning Assessment Act 1979 Land and Environment Court Act 1979 Category: Principal judgment Parties: Shed Architects Pty Ltd (Applicant) The Council of the City of Sydney (Respondent) Representation: Solicitors: A. Whealy, Mills Oakley (Applicant) M. Flick, The Council of the City of Sydney (Respondent) File Number(s): 2016/00232459 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 is upheld. 2. The applicant is granted leave to rely on amended plans. 3. The applicant is to pay the respondent's costs thrown away as agreed or assessed pursuant to section 97B of the Environment and Planning Assessment Act 1979. 4. Application D/2016/217 for alterations and additions to an existing five storey commercial building including internal changes, changes to the external façade at 113-115 Oxford St, Darlinghurst is approved subject to the conditions annexed and marked "A". ……………. Jenny Smithson Commissioner 232459.16 - Annexure A - Conditions of Consent (146 KB, pdf) 232459.16_113-115 OXFORD ST _ DA200C _ BASEMENT PLAN (456 KB, pdf) 232459.16_113-115 OXFORD ST _ DA201C _ GROUND FLOOR PLAN (239 KB, pdf) 232459.16_113-115 OXFORD ST _ DA202C _ FIRST FLOOR PLAN (161 KB, pdf) 232459.16_113-115 OXFORD ST _ DA203C _ SECOND FLOOR PLAN (156 KB, pdf) 232459.16_113-115 OXFORD ST _ DA204C _ THIRD FLOOR PLAN (156 KB, pdf) 232459.16_113-115 OXFORD ST _ DA205C _ FOURTH FLOOR PLAN (160 KB, pdf) 232459.16_113-115 OXFORD ST _ DA207C _ ROOF PLAN (98.1 KB, pdf) 232459.16_113-115 OXFORD ST _ DA300C _ ELEVATION - ARNOLD PLACE (204 KB, pdf) 232459.16_113-115 OXFORD ST _ DA301C _ ELEVATIONS - CROWN OXFORD STS (146 KB, pdf) 232459.16_113-115 OXFORD ST _ DA302C _ DETAIL ELEVATION - BAY WINDOWS (150 KB, pdf) 232459.16_113-115 OXFORD ST _ DA400C _ SECTION 1 (199 KB, pdf) 232459.16_113-115 OXFORD ST _ DA401C _ DTL SECTION - UPPER LEVEL FACADE (155 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: 12 January 2017