Land and Environment Court New South Wales Medium Neutral Citation: Paul Bettar v The Council of the City of Sydney [2017] NSWLEC 1288 Hearing dates: Conciliation Conference on 5 June 2017 Date of orders: 06 June 2017 Decision date: 06 June 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: Paul Bettar(Applicant) The Council of the City of Sydney(Respondent) Representation: Mr A. Whealy (Solicitor) (Applicant) Ms K. Morrin (Solicitor) (Respondent) File Number(s): 2017/239680 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 applicant is granted leave to amend application D/2016/719 to rely on the following amended plans, as referred to in Condition 1 of Annexure A: Drawing Number Title Date A1001 Rev DA10 Site: Location Plan 17.05.2017 A1005 Rev DA10 Site: Site Analysis Plan 05.06.2017 A2200 Rev DA10 Plan: Basement Lower 05.06.2017 A2201 Rev DA10 Plan: Basement 05.06.2017 A2202 Rev DA10 Plan: Ground 05.06.2017 A2203 Rev DA10 Plan: Level 01 05.06.2017 A2204 Rev DA10 Plan: Level 02 05.06.2017 A2205 Rev DA10 Plan: Level 03 05.06.2017 A2206 Rev DA10 Plan: Level 04 05.06.2017 A2207 Rev DA10 Plan: Level 05 05.06.2017 A2208 Rev DA10 Plan: Mezzanine 05.06.2017 A2209 Rev DA10 Plan: Roof 05.06.2017 A2250 Rev DA09 Plan: Adaptable 05.06.2017 A2401 Rev DA10 Area: GFA 05.06.2017 A2402 Rev DA10 Area: Landscape + Deep Soil 05.06.2017 A3005 Rev DA10 Elevation: East Botany Rd 05.06.2017 A3006 Rev DA10 Elevation: South 05.06.2017 A3007 Rev DA10 Elevation: West Ralph St 05.06.2017 A3008 Rev DA10 Elevation: North 05.06.2017 A3009 Rev DA10 Elevation: West Botany Rd 05.06.2017 A3010 Rev DA10 Elevation: East Central 05.06.2017 A3011 Rev DA10 Elevation: West Central 05.06.2017 A3012 Rev DA10 Elevation: East Ralph St 05.06.2017 A3101 Rev DA10 Section: East West Section A 05.06.2017 A3102 Rev DA10 Section: North South Section B 05.06.2017 A5202 Rev DA10 Typical Facade Detail 02 05.06.2017 A9001 Rev DA10 Perspective: Hayes St View 05.06.2017 SK003 Detail Section Through Botany Road Facing Unit 10/2013 1. 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. 2. The amended Clause 4.6 exception for a variation to the maximum height of buildings standard, dated February 2017, is upheld. 3. The appeal is upheld. 4. Application D/2016/719 for the demolition of the existing buildings on the property at 600 Botany Road, Alexandria and for excavation and the construction of a mixed use development comprising two six storey and one five storey building with 66 residential units, ground floor commercial and two levels of basement parking is approved subject to the conditions annexed and marked "A". ……………. S O'Neill Commissioner of the Court 239680.17 - Plans (O'Neill C) (9.88 MB, pdf) 239680.17 - Plans (O'Neill C) (9.88 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: 06 June 2017