Cranswick-Smith v The Council of the City of Sydney [2019] NSWLEC 1155

Land and Environment Court New South Wales

Medium Neutral Citation: Cranswick-Smith v The Council of the City of Sydney [2019] NSWLEC 1155 Hearing dates: Conciliation conference on 5 April 2019 Date of orders: 05 April 2019 Decision date: 05 April 2019 Jurisdiction: Class 1 Before: O'Neill C Decision: See orders at [5] 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: Graham Cranswick-Smith (Applicant) The Council of the City of Sydney (Respondent) Representation: Solicitors: T Ward, Sydney City Council (Respondent)

Other: G Cranswick-Smith, litigant in person (Applicant) File Number(s): 2018/390254 Publication restriction: No

Judgment 1. COMMISSIONER: This is an appeal pursuant to the provisions of s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against the terms of the development consent issued for alterations and additions to a penthouse apartment (the approved development) at 400/65 Cowper Wharf Road, Woolloomooloo (the site) by the Council of the City of Sydney (the Council). 2. The Court arranged a conciliation conference under s 34 of the Land and Environment Court Act 1979 (LEC Act) between the parties, which was held on 5 April 2019. I presided over the conciliation conference. 3. At the conciliation conference, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to both parties. The parties agreed to the deletion of condition 2(b) requiring proposed new balconies to be deleted; and the amendment of condition 2(d), changing the requirements for the glass balustrade to the southern side only of the new southern balcony from "opaque" glazing to "obscure" glazing and the height of the balustrade from 1.8m to 1.6m. 4. Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties' decision, if the parties' decision is a decision that the Court could have made in the proper exercise of its functions. The parties' decision involves the Court exercising the function under s 4.16 of the EPA Act to grant consent in the terms agreed by the parties.