Australia, Sept. 8 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 7:

1. COMMISSIONER: This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the grant of consent subject to conditions of development application D/2024/1162 (DA) by the Council of the City of Sydney (Council).

2. The DA, as amended, seeks consent for alterations and additions to a terrace dwelling, including construction of new upper floor rear addition, internal configuration and works to the building facade (the Development) at 143 Reservoir Street, Surry Hills, legally described as Lot A in DP 913688 (site). This appeal concerns the imposition of condition 8(a).

Conciliation and agreement between the parties

3. The Court arranged a conciliation conference between the parties under s 34(1) of the Land and Environment Court Act 1979 (Court Act), at which I presided. The conference was held on 4 August 2025.

4. Through the conciliation process, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to them. Under s 34(3) of the Court Act, I must dispose of the proceedings in accordance with the parties' decision if that decision is one that the Court could have made in the proper exercise of its functions.

5. The decision agreed upon is for the grant of development consent subject to conditions of consent pursuant to s 4.16(1) of the EPA Act. The signed agreement is supported by a jurisdictional statement that sets out the matters the Court must consider prior to the grant of development consent. I have considered the contents of the statement together with the documents referred to therein, the Class 1 Application and its attachments (Class 1), and the documents that are referred to in condition 1 of Annexure A. Based on those documents, I have considered the matters required to be considered pursuant to s 4.15(1) of the EPA Act.

6. The Council, as the consent authority, consented to the amendment of the application pursuant to s 38(1) of the Environmental Planning and Assessment Regulation 2021 (NSW) (EPA Regulation). The plans and documents comprising the amended application are listed under condition 1 of the conditions of consent at Annexure A.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/198788ba0d645dd3e52ad316)

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