Land and Environment Court New South Wales Medium Neutral Citation: Sayed Holdings Pty Ltd v Woollahra Council [2017] NSWLEC 1324 Hearing dates: Conciliation conference on 8 June 2017 Date of orders: 23 June 2017 Decision date: 23 June 2017 Jurisdiction: Class 1 Before: Morris 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: Sayed Holdings Pty Ltd (Applicant) Woollahra Council (Respondent) Representation: Solicitors: Mr A Boskovitz Boskovitz & Associates (Applicant) Ms M Hawley Lindsay Taylor Lawyers (Respondent) File Number(s): 54877/2017 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, 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. Development Application No. DA489/2016/1 is approved for the demolition of existing structures and construction of a 5 storey mixed use development comprising of 11 residential units, 3 commercial shops and basement parking for 21 cars on Lot 6, 7, 8 & 9 in DP 14000 known as 434 – 440 New South Head Road, Double Bay, subject to the conditions at Annexure A. ……………. Commissioner Morris 54877.17 Morris (C) Annexure A (738 KB, pdf) 54877.17 Morris - Amended architectural plans - 434-440 New South Head Road Double Bay (3.43 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: 23 June 2017