Franco Gugliotta v Randwick City Council

[2017] NSWLEC 1405

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Franco Gugliotta v Randwick City Council [2017] NSWLEC 1405
Hearing dates:	21 July 2017 Conciliation Conference
Date of orders:	28 July 2017
Decision date:	28 July 2017
Jurisdiction:	Class 1
Before:	Dickson C
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Cases Cited:	Nil
Texts Cited:	Nil
Category:	Principal judgment
Parties:	Franco Gugliotta (Applicant) Randwick City Council (Respondent)
Representation:	Mr G Green (Applicant) Ms V Mcgrath (Respondent)
File Number(s):	2017/78332
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 s 34(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 s 97B as agreed in the sum of $4,000 by 18 August 2017.

3. The appeal is upheld.

4. Consent is granted to the s96 modification application DA/158/2014/C comprising alternations to unit 4 of the approved development, the creation of an affordable housing unit (unit 7) and deletion of 2 car spaces (one car stacker), subject to the conditions of consent in annexure A

5. Annexed and marked “B” is a copy of the consolidated conditions of development consent for the development of a residential flat building, (including restoration, alterations and additions to an heritage item) comprising 8 units, car parking and associated landscaping.

Danielle Dickson

Commissioner

78332.17 (Annexure A) (178 KB, pdf)

78332.17 (Annexure B) (629 KB, pdf)

Amendments

18 August 2017 - Slip rule amendment