Katrib v Council of the City of Sydney

Land and Environment Court New South Wales Medium Neutral Citation: Katrib v Council of the City of Sydney [2015] NSWLEC 1409 Hearing dates:Conciliation conference on 7 October 2015Date of orders: 07 October 2015 Decision date: 07 October 2015 Jurisdiction:Class 1Before: Brown ASC Decision: See (5) below Catchwords: DEVELOPMENT APPLICATION: demolition of existing improvements and construction of a residential flat building; conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category:Principal judgmentParties: George Katrib (Applicant) Council of the City of Sydney (Respondent) Representation: Mr Vasili Conomos, Solicitor (Applicant) Ms Mardi Flick, Solicitor (Respondent) Solicitors: Conomos Legal (Applicant) Council of the City of Sydney (Respondent) File Number(s):10350 of 2015Judgment COMMISSIONER: This is an appeal against the refusal of DA DEV/264/2015 for the demolition of all improvements and the construction of a residential flat building at 74 - 76 Wyndham Street, Alexandria. 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...