Land and Environment Court New South Wales Medium Neutral Citation: Amanda Siaw v Council of the City of Sydney [2017] NSWLEC 1194 Hearing dates: Conciliation conference on 20 March 2017 Date of orders: 18 April 2017 Decision date: 18 April 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 Environment Court Act 1979 Category: Principal judgment Parties: Siaw, Amanda. (Applicant) Council of the City of Sydney (Respondent) Representation: Counsel: Mr V. Conomos solicitor (Applicant) Mr A. Simpson solicitor (Respondent) Solicitors: Conomos Legal (Applicant) Council of the City of Sydney (Respondent) File Number(s): 2016/368634 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, 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 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. 1. 1. The Applicant is granted leave to amend the development application and rely upon the following plans in the proceedings: Drawing Number Drawing Name Dated DA 000 Rev. H Cover Page 06.04.2017 DA 200 Rev. H Basement Level Plan 23.03.2017 DA 201 Rev. K Ground Level Plan 05.04.2017 DA 202 Rev. K Level 1-2 typical Layout Plan 06.04.2017 DA 203 Rev. K Level 3-6 Typical Layout Plan 06.04.2017 DA 204 Rev. L Level 7 Plan 06.04.2017 DA 205 Rev. L Level 8 Plan 06.04.2017 DA 206 Rev. I Roof Level Plan 23.03.2017 DA 300 Rev. G East & South Elevations 06.04.2017 DA 301 Rev. E West & North Elevations 06.04.2017 DA 302 Rev. C Window Detail 01 06.04.2017 DA 303 Rev. A Window Detail 02 06.04.2017 DA 400 Rev. E Section A & Section B 06.04.2017 DA 500 Rev. G GFA Calc Diagram 05.04.2017 1. The appeal is upheld. 2. Development application D/2016/1159 lodged 19 October 2016 seeking approval for alterations and additions to an approved 9 storey serviced apartment building to 62 hotel suites, removal of existing driveway, reconfiguration of floor layouts including new ground floor hotel lobby, infill of the existing and approved balconies on the western elevation, installation of new service areas and façade upgrade works, is approved, subject to the conditions in Annexure A. ……………. Commissioner O'Neill 368634.16 Annexure A (C) (110 KB, pdf) 368634.16 Plans (4.42 MB, 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: 18 April 2017