Environa Studio Pty Ltd v Randwick City Council

[2016] NSWLEC 1413

Land and Environment Court

New South Wales

Medium Neutral Citation:	Environa Studio Pty Ltd v Randwick City Council [2016] NSWLEC 1413
Hearing dates:	Conciliation conference on 2, 24 August, 7 September 2016
Date of orders:	13 September 2016
Decision date:	13 September 2016
Jurisdiction:	Class 1
Before:	Smithson 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:	Environa Studio Pty Ltd (Applicant) Randwick City Council (Respondent)
Representation:	Solicitors: Mr Anthony Whealy, Mills Oakley (Applicant) Mr Ken Webber, Wilshire Webb Staunton Beattie Lawyers (Respondent)
File Number(s):	2016/00155898
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. Leave is granted to rely on the amended plans, which are the plans referred to in condition 1 of the conditions annexed at “A” to this agreement.

2. The applicant is to pay the Respondent’s costs arising under section 97B of the Environmental Planning and Assessment Act 1979, as agreed or assessed.

3. The appeal is upheld.

4. Development Application DA 121/2016 for the demolition of existing site structures and the construction of a new part 6 and part 7 storey mixed use development comprising of 3 retail shops at ground floor level, 27 residential units and basement car parking for 46 vehicles at Lots 1, 2, 3 in DP 444726 and Lot A in DP 337229 being 206 to 212 Maroubra Road, Maroubra is approved subject to the conditions annexed to this Agreement at “A”.

…………….

Jenny Smithson

Commissioner

155898.16 - Annexure A (296 KB, pdf)

155898.16 - Plans (9.15 MB, pdf)

Decision last updated: 14 September 2016