Baragroup Pty Ltd v Randwick City Council

[2017] NSWLEC 1489

Land and Environment Court

New South Wales

Medium Neutral Citation:	Baragroup Pty Ltd v Randwick City Council [2017] NSWLEC 1489
Hearing dates:	Conciliation conference on 20 July, 10 & 25 August 2017
Date of orders:	05 September 2017
Decision date:	05 September 2017
Jurisdiction:	Class 1
Before:	Brown C
Decision:	See (5) below
Catchwords:	DEVELOPMENT APPLICATION: demolition of existing structures and construction of a three storey residential flat building; conciliation conference; agreement between the parties; orders
Legislation Cited:	Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Baragroup Pty Ltd (Applicant) Randwick City Council (Respondent)
Representation:	Solicitor: Mr D Creais, Bartier Perry (Applicant) Ms V McGrath, Norton Rose Fulbright Australia (Respondent)
File Number(s):	2017/82919
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal against the refusal of development application DA/635/2016 for demolition of existing structures and construction of a three storey residential flat building comprising 5 dwellings (including affordable rental housing dwellings) and parking for 5 vehicles at 42 Judge Street, Randwick.

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 s34(3) of the Land and Environment Court Act 1979 are:

1. Leave is granted to the applicant to rely on the amended plans listed in condition 1 of the conditions attached and marked “A”.

2. The Applicant to pay the Respondent’s costs pursuant to s97B as agreed in the sum of $   5830.00 by 22 September 2017.

3. The appeal is upheld.

4. Consent is granted to the development application DA/635/2016 for demolition of existing structures at 42 Judge Street, Randwick and construction of a three storey residential flat building comprising 5 dwellings (including affordable rental housing dwellings) and parking for 5 vehicles subject to the conditions of consent in annexure “A”.

……………………….

Commissioner Brown

82919.17 Brown (C) (424 KB, pdf)