Ash Samadi v The Council of the City of Sydney [2017] NSWLEC 1088

Land and Environment Court New South Wales

Medium Neutral Citation: Ash Samadi v The Council of the City of Sydney [2017] NSWLEC 1088 Hearing dates: 23 February 2017 Date of orders: 23 February 2017 Decision date: 23 February 2017 Jurisdiction: Class 1 Before: Martin SC Decision: See (4) below Catchwords: DEVELOPMENT APPLICATION: section 96 modification application; conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: Ash Samadi (Applicant) The Council of the City of Sydney (Respondent) Representation: Gordon Hartley, Hartley Solicitors (Applicant) Kirsten Morrin, The Council of the City of Sydney (Respondent) File Number(s): 2016/00255766 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. Section 96 modification application to modify development consent DA/2015/653 to extend bar trading hours to 10:00pm to 12:00am from Thursday to Sunday is approved for a 12 month trial period in accordance with conditions in Annexure A. ……………. Rosemary Martin Senior Commissioner 255766.16 Annexure A (C) (53.1 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: 03 May 2018