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 1. The parties agree that the amendments are not minor for the purposes of s 97B of the Environmental Planning and Assessment Act 1979 (NSW). 2. The Applicant is to pay the Respondent's costs thrown away pursuant to section 97B of the Environmental Planning and Assessment Act 1979 in the agreed sum of $2000 within 14 days. 3. The appeal is upheld. 4. Development consent is granted to development application No. D/2016/437 for Alterations and additons to a dwelling house located at 127 Devonshire Street, Surry Hills, being all that land comprised in Lot 104 DP 619019, subject to the conditions of consent in Annexure B. ………………………. Commissioner Dixon 23494.17 Dixon - Annexure A - Amended Plans (Final) (3.67 MB, pdf) 23494.17 Dixon (C) Annexure B (415 KB, 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: 04 July 2017