David Beamond v Randwick City Council

[2017] NSWLEC 1419

Land and Environment Court

New South Wales

Medium Neutral Citation:	David Beamond v Randwick City Council [2017] NSWLEC 1419
Hearing dates:	Conciliation conference on 4 August 2017
Date of orders:	04 August 2017
Decision date:	04 August 2017
Jurisdiction:	Class 1
Before:	Dixon C
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	David Beamond (Applicant) Randwick City Council (Respondent)
Representation:	Solicitor: Mr T Flaherty, Mills Oakley (Applicant) Ms J Corradini-Bird, Marsdens Law Group (Respondent)
File Number(s):	2017/34076
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 make, 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 given leave to amend the development application by substituting the following plans and documentation as the plans and documentation relied upon for the purpose of the development application:

Plan No.	Name	Revision	Drawn by	Dated
DA1.04	Proposed Basement and Ground Floor Plan	E	Stubbs Design Tribe	23/5/2017
DA1.05	Proposed Levels 2 – 3 and 4 Floor Plans	E	Stubbs Design Tribe	23/5/2017
DA1.07	Sections	B	Stubbs Design Tribe	20/5/2017
DA1.13	Solar Access and Ventilation Diagrams	B	Stubbs Design Tribe	27/5/2017
DA1.16	Elevations	B	Stubbs Design Tribe	20/5/2017
Apartment Area Summary and SEPP 65 Compliance Table	E	Stubbs Design Tribe	26/5/17

Document Name	Prepared by	Dated
BASIX Certificate	No. 707846M_03	19 July 2017

2. The Applicant is to pay those costs of the Respondent thrown away as a result of amending the development application pursuant to section 97B(2) of the Environmental Planning and Assessment Act 1979 as agreed or assessed.

3. The appeal is upheld.

4. Development consent is granted to Development Application No. 168/2016 for the demolition of existing structures and construction of a 4 storey residential flat building containing 10 units over one level of basement parking with 14 car parking spaces at 36 Bona Vista Avenue, Maroubra, subject to the conditions of consent annexed hereto and marked “A”.

……………………….

Commissioner Dixon

34076.17 Dixon (C) (424 KB, pdf)

34076.17 Dixon - Annexure _1_ to conditions of consent (129 KB, pdf)

34076.17 Dixon - Approved plans (3.89 MB, pdf)