Twenty Three Doody Pty Ltd v The Council of the City of Sydney [2017] NSWLEC 1632

Land and Environment Court New South Wales

Medium Neutral Citation: Twenty Three Doody Pty Ltd v The Council of the City of Sydney [2017] NSWLEC 1632 Hearing dates: Conciliation conference on Date of orders: 09 November 2017 Decision date: 09 November 2017 Jurisdiction: Class 1 Before: Chilcott 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: Twenty Three Doody Pty Ltd (Applicant) City of Sydney Council (Respondent) Representation: Solicitor: Mr R Wilcher, Hicksons Lawyers (Applicant) Mr Simpson, Sydney City Council (Respondent) File Number(s): 2017/215154 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 be upheld; 2. Development consent be granted to Development Application No. D/2016/1734 for demolition of existing warehouse building within the site and construction of a new four storey commercial building and two multi storey car stackers at Lots 1 DP 89681 known as 23-25 Doody Street, Alexandria NSW 2015 on conditions set out in Annexure A; 3. Leave be granted to rely on the amended plans listed condition 1(a) of Annexure A. ………………………. Commissioner Chilcott 215154.17 Chilcott - Annexure A (433 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: 10 November 2017