Land and Environment Court New South Wales Medium Neutral Citation: Jossey Pty Ltd v The Council of the City of Sydney [2018] NSWLEC 1560 Hearing dates: Conciliation conference on 5 – 6 September 2018 Date of orders: 18 October 2018 Decision date: 18 October 2018 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: Jossey Pty Ltd (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: N Hammond (Applicant) T To (Respondent) Solicitors: Colin Biggers & Paisley (Applicant) Council of the City of Sydney (Respondent) File Number(s): 2018/66449 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 Land and Environment Court Act 1979 are: 1. Leave is granted to the Applicant to amend its Development Application No. D/2017/1589 by relying on the plans and other documents referred to in condition 1 the Conditions of Consent at Annexure A. 2. The written request to depart from the height standard on the site set out in "Clause 4.6 Variation to clause 4.3 of Sydney LEP 2012 Exceptions to development standards – Height Variation" prepared by ABC Planning Pty Ltd dated September 2018 pursuant to Sydney Local Environmental Plan 2012 is upheld. 3. The appeal is upheld. 4. Pursuant to section 8.7 of the Environmental Planning and Assessment Act 1979, development consent is granted to Development Application No. D/2017/1589 for the demolition of the existing detached single storey dwelling and construction of an attached, two storey dual occupancy and subdivision into two Torrens title lots at 5 Minogue Crescent in accordance with the Conditions of Consent, as set out in Annexure A. 1. The Respondent's reasons for agreement to the terms of the decision, are set out in Annexure B. ………………………. Michael Chilcott Commissioner of the Court Annexure A (306 KB, pdf) Annexure B (136 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: 23 October 2018