Aliyah Putri Pty Ltd v Randwick City Council

[2018] NSWLEC 1307

Land and Environment Court

New South Wales

Medium Neutral Citation:	Aliyah Putri Pty Ltd v Randwick City Council [2018] NSWLEC 1307
Hearing dates:	Conciliation conference on 15 May, 5 and 15 June 2018
Date of orders:	20 June 2018
Decision date:	20 June 2018
Jurisdiction:	Class 1
Before:	Gray C
Decision:	See [5] below
Catchwords:	DEVELOPMENT APPLICATION – residential flat building - conciliation conference - agreement between the parties - orders
Legislation Cited:	Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Affordable Rental Housing) 2009
Category:	Principal judgment
Parties:	Aliyah Putri Pty Ltd (Applicant) Randwick City Council (Respondent)
Representation:	Solicitors: P Holt, Holding Redlich (Applicant) K Gerathy, HWL Ebsworth Lawyers (Respondent)
File Number(s):	2017/338201
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal by Aliyah Putri Pty Ltd against the deemed refusal by Randwick City Council of Development Application DA-542/2017 for demolition of the existing dwelling and construction of a residential flat building comprising 13 units pursuant to the State Environmental Planning Policy (Affordable Rental Housing) 2009 at 6 Forsyth Street, Kingsford.

2. 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”.

3. 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.

4. In making the orders to give effect to the agreement between the parties, I was not required to make, and have not made, any merit assessment of the issues that were originally in dispute between the parties.

5. The final orders to give effect to the parties’ agreement under s 34(3) of the Land and Environment Court Act 1979 are:

1. Leave is granted for the applicant to rely on the amended plans listed in condition 1 of Annexure A.

2. The applicant is to pay the Council's costs pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed.

3. The appeal is upheld.

4. Development Application No. (DA/542/2017) for demolition of the existing dwelling and construction of a residential flat building comprising 13 units pursuant to the State Environmental Planning Policy (Affordable Rental Housing) 2009 at 6 Forsyth Street, Kingsford is approved subject to the conditions in Annexure A.

……………………….

Joanne Gray

Commissioner of the Court

Annexure A (255 KB, pdf)

Plans (9.96 MB, pdf)

Decision last updated: 21 June 2018