Ideal Kensington Pty Ltd v Randwick City Council

[2018] NSWLEC 1004

Land and Environment Court

New South Wales

Medium Neutral Citation:	Ideal Kensington Pty Ltd v Randwick City Council [2018] NSWLEC 1004
Hearing dates:	Conciliation conference on 30 November & 19 December 2017
Date of orders:	08 January 2018
Decision date:	08 January 2018
Jurisdiction:	Class 1
Before:	Brown C
Decision:	See (5) below
Catchwords:	DEVELOPMENT APPLICATION: demolition of existing structures and construction of 4 storey residential flat building; conciliation conference; agreement between the parties; orders
Legislation Cited:	Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Ideal Kensington Pty Ltd (Applicant) Randwick City Council (Respondent)
Representation:	Solicitor: Mr B Salon, Mills Oakley,(Applicant) Ms J McCullan, Marsdens Law Group(Respondent)
File Number(s):	2017/209360
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal against the refusal of Development application no. DA-304/2017 for the demolition of existing structures, construction of 4 storey residential flat building containing 8 dwellings, basement with car parking for 10 vehicles, lift and stair access with waste, storage and ancillary rooms, landscaping and associated works at 9 Carlton Street, Kensington.

2. 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”.

3. 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.

4. 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.

5. 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 granted leave to rely on the amended plans and documents as referred to in the conditions of consent contained in Annexure “A” and included at Annexure “B”.

2. The Appeal is upheld.

3. Development application no. DA-304/2017 lodged 23 May 2017 for the demolition of existing structures, construction of 4 storey residential flat building containing 8 dwellings, basement with car parking for 10 vehicles, lift and stair access with waste, storage and ancillary rooms, landscaping and associated works at 9 Carlton Street, Kensington is approved subject to the conditions contained in Annexure “A”.

……………………….

Commissioner G Brown

209360.17 Brown - Annexure A (379 KB, pdf)