Lambert van der Heide v The Council of the City of Sydney [2017] NSWLEC 1329

Land and Environment Court New South Wales

Medium Neutral Citation: Lambert van der Heide v The Council of the City of Sydney [2017] NSWLEC 1329 Hearing dates: Conciliation conference on 28 April 2017 Date of orders: 26 June 2017 Decision date: 26 June 2017 Jurisdiction: Class 1 Before: Maston AC 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: Lambert van der Heide (Applicant) Council of the City of Sydney (Respondent) Representation: Solicitor: Mr A Knox, Pikes & Verekers Lawyers (Applicant) Mr Phillip Canning, Council of City of Sydney (Respondent) File Number(s): 2016/386224 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. Development application D/2014/1104/B seeking approval for amendment to the approved trading hours is approved subject to the conditions in Annexure A. As a consequence of order B, Development Consent No. D/2014/1104 is now subject to the consolidated, modified conditions of development consent set out in Annexure B and the Plan of Management set out in Annexure C. ………………………. Acting Commissioner Maston 386224.16 Maston - Annexure A (341 KB, pdf) 386224.16 Maston - Annexure B (469 KB, pdf) 386224.16 Maston - PoM (413 KB, pdf)