Cbus Property Sydney Residential Pty Limited v Randwick City Council

[2017] NSWLEC 1173

Land and Environment Court

New South Wales

Medium Neutral Citation:	Cbus Property Sydney Residential Pty Limited v Randwick City Council [2017] NSWLEC 1173
Hearing dates:	Conciliation conference on 17-22 March 2017
Date of orders:	03 April 2017
Decision date:	03 April 2017
Jurisdiction:	Class 1
Before:	Morris CClick here to enter text.
Decision:	See (4) below
Catchwords:	Concept masterplan; voluntary planning agreement; mixed use development; conservation of heritage items; conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Cbus Property Sydney Residential Pty Limited (Applicant) Randwick City Council (Respondent)
Representation:	Counsel: Mr C McEwan SC with Mr M Staunton (Applicant) Mr I Hemmings SC (Respondent)   Solicitors: HWL Ebsworth (Applicant) Marsdens Law Group (Respondent)
File Number(s):	249149/2016Click here to enter text.
Publication restriction:	No

Judgment

1. COMMISSIONER: 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”.

2. 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.

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

4. The final orders to give effect to the parties’ agreement under s34(3) of the Land and Environment Court Act 1979 are:

1. The Applicant is granted leave to rely on the amended plans referred to in condition 6 of the Conditions of Consent at Annexure "A".

2. The Applicant is to pay the Respondent’s costs thrown away pursuant to Section 97B of the Environmental Planning and Assessment Act 1979 in the amount of $15,000.00.

3. The Appeal is upheld.

4. Staged Development Application No. DA88/2016 that sets out a concept proposal for the development of the following land known as ‘Newmarket Green’ site (“the Site”):

164-174 Barker Street, Randwick	\Corner Lot A, DP 330407 Newmarket Stables
1-11 Young Street, Randwick	Lot B 330407
158-162 Barker Street, Randwick	Corner Lot 1, DP 1041725 Pt Stable 2
156 Barker Street, Randwick	Lot 4 DP 165055
152-154 Barker Street, Randwick	Lot 1 DP 81877 & Lot 4 DP 1039981
150 Barker Street, Randwick	Lot 1, DP 932027
1 Jane Street, Randwick	Lot B DP 344447
18 Jane Street, Randwick	Lot 1 DP 85107
21 Jane Street, Randwick	Lot B DP 312682
181 Botany Street, Randwick	Lot 3 DP 1102370
8-12 Young Street, Randwick	Lot 1 DP 87614
14-20 Young Street	Corner Lot 3 DP 1041725
28-30 Young Street, Randwick	Part Lot 1 DP 541576
32-42 Young Street, Randwick	Lot 1 DP 1102864

for the purpose of building envelopes, subdivision into 9 development lots, 1 public open space lot, and 4 public road lots in accordance with section 83B (3) of the Environmental Planning and Assessment Act 1979 is approved subject to the conditions set out in Annexure “A”.

…………….

Commissioner Morris

249149.2016 Morris (C) (353 KB, pdf)

249149.16 Morris - Plans DA02.700[C] (331 KB, pdf)

249149.16 Morris - Plans DA03.000[D] (697 KB, pdf)

249149.16 Morris - Plans DA02.300C final (293 KB, pdf)

249149.16 Morris - Plans DA02.600B final (288 KB, pdf)

249149.16 Morris - Plans DA02.500D final (348 KB, pdf)

249149.16 Morris - Plans DA02.400C- Final (354 KB, pdf)

249149.16 Morris - Plans DA02.200B- Final (331 KB, pdf)

249149.16 Morris - Plans DA00.001B- Final (643 KB, pdf)

249149.16 Morris - Plans DA02.001G- Final (539 KB, pdf)

249149.16 Morris - Plans DA02.002F final (533 KB, pdf)

249149.16 Morris - Plans DA02.100C final (437 KB, pdf)