Dean Mannix v The Council of the City of Sydney [2017] NSWLEC 1352

Land and Environment Court New South Wales

Medium Neutral Citation: Dean Mannix v The Council of the City of Sydney [2017] NSWLEC 1352 Hearing dates: Conciliation conference on 15 May 2017 Date of orders: 04 July 2017 Decision date: 04 July 2017 Jurisdiction: Class 1 Before: Dixon 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: Dean Mannix (Applicant) Council of the City of Sydney (Respondent) Representation: Solicitor: Mr A Sattler, Sattler & Assocites Pty Ltd (Applicant) Ms K Morrin, Council of the City of Sydney (Respondent) File Number(s): 2017/23494 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. Leave is granted to the Applicant to rely on the amended plans set out in Annexure A. Drawing Number Drawing Name Date A.01 (Rev. 1) Proposed Site Plan 8 May 2017 A.03 (Rev. 4) Proposed Lower & Ground Floor Plans 19 June 2017 A.04 (Rev. 4) Proposed First Floor – Top Floor & Roof Plan 19 June 2017 A.05 (Rev. 4) Proposed Northern & Southern Elevations 19 June 2017 A.06 (Rev. 4) Proposed Western Elevation 19 June 2017 A.07 (Rev. 4) Proposed Section A – A 19 June 2017