Saliba v City of Sydney Council

Land and Environment Court New South Wales Medium Neutral Citation: Saliba v City of Sydney Council [2016] NSWLEC 1160 Hearing dates:Conciliation conference on 12 February & 18 March 2016Date of orders: 19 April 2016 Decision date: 19 April 2016 Jurisdiction:Class 1Before: Brown C Decision: See (5) below Catchwords: DEVELOPMENT APPLICATION: use of existing garage as a secondary dwelling; conciliation conference; agreement between the parties; orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category:Principal judgmentParties: Paul Saliba (Applicant) City of Sydney Council (Respondent) Representation: Mr G. Hartley, Hartley Solicitors (Applicant) Mr A. Singh, City of Sydney Council (Respondent) File Number(s):11054 of 2015Publication restriction:NoJudgment COMMISSIONER: This is an appeal against the refusal of Development Application no. D/2014/330 for the use of an existing garage as a secondary dwelling located at 30 Primrose Avenue, Rosebery 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...