Alchin v The Council of the City of Sydney

Land and Environment Court New South Wales Medium Neutral Citation: Alchin v The Council of the City of Sydney [2015] NSWLEC 1302 Hearing dates:Conciliation conference on 8 July 2015Date of orders: 28 July 2015 Decision date: 28 July 2015 Jurisdiction:Class 1Before: Brown ASC Decision: See (5) below Catchwords: MODIFICATION APPLICATION: modification of existing consent to provide a movable awning; conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category:Principal judgmentParties: John Alchin (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: Ms Christina Renner (Applicant) Ms Kirsten Morrin (Respondent) Solicitors: GADENS Lawyers (Applicant) The Council of the City of Sydney (Respondent) File Number(s):10456 of 2015Publication restriction:NoJudgment COMMISSIONER: This is an appeal against the refusal of modification application D/2014/757/A to allow a movable awning to the western terrace of 7/22-24 Macleay Street, Elizabeth Bay. 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”. The Court Act also required me...