Mackrell v The Council of the City of Sydney [2018] NSWLEC 1437

Land and Environment Court New South Wales

Medium Neutral Citation: Mackrell v The Council of the City of Sydney [2018] NSWLEC 1437 Hearing dates: Conciliation conference on 16 August 2018 Date of orders: 16 August 2018 Decision date: 16 August 2018 Jurisdiction: Class 1 Before: Chilcott 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: Mark Mackrell (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsels: T To (Applicant)

Solicitors: Norton White Lawyers (Applicant) A Singh, Council of the City of Sydney (Respondent) File Number(s): 2017/295113 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 s 34(3) of the Court Act are: 1. Leave is granted to the Applicant to rely on the amended plans set out in Annexure A. The parties agree that the amendments are minor for the purposes of section 8.15 of the Environmental Planning and Assessment Act 1979 (NSW). 2. The appeal is upheld. 3. Development consent is granted to development application No. D/2016/426/A to delete condition 2 Design Modifications in development consent D/2016/426, in respect of the property known as 68 Surrey Street, Darlinghurst and being all that land comprised in Lot 1 DP 770790, subject to the conditions of consent in Annexure B. 4. The Respondent's reasons for agreement to the terms of the decision are set out in Annexure C. ………………………. Michael Chilcott Commissioner of the Court Annexure A (1.81 MB, pdf) Annexure B (213 KB, pdf) Annexure C (63.0 KB, pdf)