Land and Environment Court New South Wales Medium Neutral Citation: Anna Countouris v The Council of the City of Sydney [2017] NSWLEC 1228 Hearing dates: Conciliation on 6 and 24 April 2017 Date of orders: 04 May 2017 Decision date: 04 May 2017 Jurisdiction: Class 1 Before: Smithson 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: Anna Countouris (Applicant) The Council of the City of Sydney (Respondent) Representation: Solicitors: D Loether, Bartier Perry (Applicant) A Singh, City of Sydney (Respondent) File Number(s): 2017/9868 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 amend Development Application No. D/2016/415 and to rely upon the following amended plans, copies of which are behind Annexure "A": Drawing No. Drawing Name Prepared by Date A.01.1, Revision 7 Location Plan/Title Page DesignInc 5 April 2017 A.01.2, Revision 7 Site Plan DesignInc 5 April 2017 A.01.3, Revision 7 Photos – Existing Conditions DesignInc 5 April 2017 A.01.4, Revision 7 Photomontage DesignInc 5 April 2017 A.01.5, Revision 7 Perspectives DesignInc 5 April 2017 A.01.6, Revision 7 Perspectives DesignInc 5 April 2017 A.01.7, Revision 7 Ground Floor DesignInc 5 April 2017 A.01.8, Revision 7 1st Floor Plan DesignInc 5 April 2017 A.01.9, Revision 7 2nd Floor Plan DesignInc 5 April 2017 A.01.10, Revision 7 3rd Floor Plan DesignInc 5 April 2017 A.02.1, Revision 7 Ground Floor – GFA diagram DesignInc 5 April 2017 A.02.2, Revision 7 1st Floor – GFA diagram DesignInc 5 April 2017 A.02.3, Revision 7 2nd Floor – GFA Diagram DesignInc 5 April 2017 A.02.4, Revision 7 3rd Floor – GFA Diagram DesignInc 5 April 2017 A.03.1, Revision 7 Section AA DesignInc 5 April 2017 A.03.2, Revision 7 Section BB DesignInc 5 April 2017 A.04.1, Revision 7 North-East Elevation DesignInc 5 April 2017 A.04.2, Revision 7 South-East Elevation DesignInc 5 April 2017 A.04.3, Revision 7 South-West Elevation DesignInc 5 April 2017 A.04.4, Revision 7 North-West Elevation DesignInc 5 April 2017 A.05.1, Revision 7 Overshadow Diagram to Windows of 291 Broadway DesignInc 5 April 2017 A.05.2, Revision 7 Overshadow Diagram Existing Conditions Mid-Winter (21 June) DesignInc 5 April 2017 A.05.3, Revision 7 Overshadow Diagram Existing Conditions Mid-Autumn (21 March) DesignInc 5 April 2017 A.05.4, Revision 7 Overshadow Diagram Proposed Conditions Mid-Winter (21 June) DesignInc 5 April 2017 A.05.5, Revision 7 Overshadow Diagram Proposed Conditions Mid-Autumn (21 March) DesignInc 5 April 2017 A.05.6, Revision 7 Outdoor Communal Area Direct Sun Access DesignInc 5 April 2017 A.06.1, Revision 7 Ground Floor Landscape Plan DesignInc 5 April 2017 A.07.2, Revision 7 Operable Louvre Detail DesignInc 5 April 2017 1. The Applicant is granted leave to amend Development Application No. D/2016/415 and to rely upon the following further documents, copies of which are behind Annexure "B": Document Prepared by Date Addendum to Statement of Environmental Effects (SEE) for DA D/2016/415 to reflect changes proposed by amended architectural drawings Neustein Urban 11 April 2017 BASIX Certificate 747691M_02 Gradwell Consulting 31 March 2017 Plan of Management Boarding House NC Assets Holdings Pty Ltd Undated BCA Capability Report Vic Lilli & Partners Consulting 12 April 2017 1. The Applicant is to pay the Respondent's costs pursuant to section 97B of the Environmental Planning and Assessment Act 1979, as agreed or assessed. 2. Development Application No. D/2016/415 (as amended) for the proposed demolition of existing structures and construction of a four storey boarding house, comprising 17 boarding rooms, common room and landscaping on Lot 6 in Deposited Plan 259580, otherwise known 1 Derwent Lane, Glebe, be approved subject to the conditions contained at Annexure "C". ……………. Jenny Smithson Commissioner of the Court 9868.17 Annexure A part 1 (15.9 MB, pdf) 9868.17 Annexure A part 2 (13.6 MB, pdf) 9868.17 Annexure A part 3 (13.1 MB, pdf) 9868.17 Annexure B (1.41 MB, pdf) 9868.17 Annexure C (C) (109 KB, pdf) Amendments 04 May 2017 - Annexures A and B added 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 May 2017