Doumanis v Randwick City Council

[2018] NSWLEC 1267

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Doumanis v Randwick City Council [2018] NSWLEC 1267
Hearing dates:	Conciliation conference on 14 May 2018 and 8 June 2018
Date of orders:	08 June 2018
Decision date:	08 June 2018
Jurisdiction:	Class 1
Before:	Bish 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:	Chris Doumanis (Applicant) Randwick City Council (Respondent)
Representation:	Solicitor: V Conomos, Conomos Legal (Applicant) V McGrath, Norton Rose Fulbright Australia (Respondent)
File Number(s):	2017/327947
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 applicants are granted leave to rely on the following amended plans by Katris Architects Pty Limited:

1. Proposed ground floor plan/site plan, Job 1366-16 Drawing no G102 issue G dated 22/5/2018;

2. Proposed level 1 and Roof, Job 1366-16 Drawing no G103 issue G dated 22/5/2018;

3. Proposed elevations and Section, Job 1366-16 Drawing no G104 issue G dated 22/5/2018;

4. Proposed elevations and Section 2, Job 1366-16 Drawing no G105 issue G dated 22/5/2018; and

5. Driveway Section, Job 1366-16 Drawing no G106 issue G dated 22/5/2018.

2. The Appeal is upheld.

3. Development Application DA 92/2017 for alterations and additions to the existing dwelling house and change of use to a boarding house for a maximum of 15 lodgers, plus a manager’s room, parking for two cars and two motorcycles and associated landscaping at 207 Doncaster Avenue, Kensington is approved subject to the conditions contained in Annexure ‘A’ attached.

4. The applicants pay the respondent’s section 8.15(3) costs in the sum of $5,500 within 28 days of the date of this order.

……………………….

Sarah Bish

Commissioner of the Court

Annexure A (350 KB, pdf)

Annexure B (1.83 MB, pdf)

Amendments

12 July 2018 - Pursuant to UCPR 36.17, the slip rule, amend Orders (1) (a) to (e) inclusive.