Land and Environment Court New South Wales Medium Neutral Citation: Giovanni Cirilllo v Council of the City of Sydney [2017] NSWLEC 1672 Hearing dates: Conciliation conference on 29 September 2017 Date of orders: 27 November 2017 Decision date: 27 November 2017 Jurisdiction: Class 1 Before: Dickson C Decision: See (4) below Catchwords: DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category: Principal judgment Parties: Giovanni Cirilllo (Applicant) Council of the City of Sydney (Respondent) Representation: Solicitors: Conomos Legal (Applicant) Council of the City of Sydney (Respondent) File Number(s): 2017/ 148104 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 Applicant is given leave to amend the development application and rely upon the following plans in the proceedings: Drawing Number Drawing Name Date A-DA-110-001, rev 13 Basement & Ground 13 November 2017 A-DA-110-002, rev 13 Level 1 & Level 2 13 November 2017 A-DA-110-003, rev 13 Level 3 & Roof 13 November 2017 A-DA-210-001, rev 13 All Elevations 13 November 2017 A-DA-310-001, rev 13 Cross Section 13 November 2017 A-DA-310-002, rev 13 Details 13 November 2017 1. The appeal is upheld. 2. The justification to vary the height of buildings development standard under clause 4.3 of the Sydney Local Environmental Plan 2012 set out in "Justification under Clause 4.6 of Sydney Local Environmental Plan 2012 – Exceptions to Development Standards" dated September 2016 and prepared by Planning Lab is accepted. 3. Development application D/2016/1636 lodged on 23 November 2016 is approved subject to the conditions in Annexure A. 4. The Applicant is to pay those costs of the Respondent thrown away as a result of amending the development application pursuant to section 97B(2) of the Environmental Planning and Assessment Act 1979 in the amount of $5,000 to be paid within 28 days of the making of this order ………………………. Commissioner D Dickson 148104.17 Annexure A (C) (386 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: 27 November 2017