Atelier One Pty Ltd v City of Ryde Council

Land and Environment Court New South Wales Medium Neutral Citation: Atelier One Pty Ltd v City of Ryde Council [2016] NSWLEC 1446 Hearing dates:Conciliation conference on 6 September 2016Date of orders: 06 September 2016 Decision date: 06 September 2016 Jurisdiction:Class 1Before: Hussey AC Decision: See (4) below Catchwords: MODIFICATION APPLICATION: Additional external stairs to private open space area in residential flat building, amenity, visual/acoustic privacy, conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category:Principal judgmentParties: Atelier One Pty Ltd Applicant) Ryde City Council (Respondent) Representation: Solicitors: Mr G Christmas, Apex Planning & Environment Law (Applicant) Mr B Stephen, City of Ryde Council (Respondent) File Number(s):2016/169103Publication restriction:NoJudgment 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”. 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. In making the...