JSRT Pty Limited v Randwick City Council

[2017] NSWLEC 1337

Land and Environment Court

New South Wales

Medium Neutral Citation:	JSRT Pty Limited v Randwick City Council [2017] NSWLEC 1337
Hearing dates:	Conciliation conference on 16 May, 8, 23, 28 June 2017
Date of orders:	28 June 2017
Decision date:	28 June 2017
Jurisdiction:	Class 1
Before:	Dickson C
Decision:	See (5) below
Catchwords:	DEVELOPMENT APPLICATION: alterations and additions and new boarding house; conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	JSRT Pty Ltd (Applicant) Randwick City Council (Respondent)
Representation:	Solicitor: Mr. S Patterson, Wilshire Webb Staunton Beattie (Respondent) Mr. D Newhouse, Newhouse and Arnold Solicitors (Applicant)
File Number(s):	2017/27306
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal against the refusal by Randwick City Council of a development application for alterations and additions to an existing building and construction of a new boarding house. The subject site is located at 33-34 Perouse Road, Randwick.

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 appeal be upheld.

2. That the development application DA128/2016 be approved in accordance with the conditions of consent annexed hereto and marked with the letter “A”.

3. Pursuant to Section 97B of the Environmental Planning and Assessment Act 1979, the Applicant agrees to pay the Respondent’s costs in the fixed amount of $4,500.

…………….

D M Dickson

Commissioner of the Court

27306.17 Dickson (C) (437 KB, pdf)