Ideal Beachside Pty Ltd v Randwick City Council

[2017] NSWLEC 1538

Land and Environment Court

New South Wales

Medium Neutral Citation:	Ideal Beachside Pty Ltd v Randwick City Council [2017] NSWLEC 1538
Hearing dates:	Conciliation conference on 22 August, 11, 18, 20, 21 & 26 September 2017
Date of orders:	27 September 2017
Decision date:	27 September 2017
Jurisdiction:	Class 1
Before:	Chilcott 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:	Ideal Beachside Pty Ltd (Applicant) Randwick City Council (Respondent)
Representation:	Solicitors: Ms S Hale, Mills Oakley (Applicant) Mr JP Merlino, HWL Ebsworth Lawyers (Respondent)
File Number(s):	2017/124238
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. Leave is granted for the applicant to rely on the amended plans listed in condition 1 of Annexure A.

2. The appeal is upheld.

3. Development Application No. (DA/3/2017) for alterations and additions to the existing building and use as a hotel at 178 Coogee Bay Road, Coogee is approved subject to the conditions in Annexure A.

4. The applicant is to pay the Council’s costs pursuant to section 97B of the Environmental Planning and Assessment Act 1979 as agreed or assessed.

……………………….

Commissioner Chilcott

Annexure A (377 KB, pdf)

Decision last updated: 27 September 2017