Kaldas v Randwick City Council

[2018] NSWLEC 1076

Land and Environment Court

New South Wales

Medium Neutral Citation:	Kaldas v Randwick City Council [2018] NSWLEC 1076
Hearing dates:	Conciliation conference on 8-9 February 2018
Date of orders:	20 February 2018
Decision date:	20 February 2018
Jurisdiction:	Class 1
Before:	O’Neill C
Decision:	See (4) below
Catchwords:	MODIFICATION APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979 Environmental Planning and Assessment Act 1979
Category:	Principal judgment
Parties:	Caroline Kaldas (Applicant) Randwick City Council (Respondent)
Representation:	Mr G. Green (Applicant) Mr S. Patterson (Respondent)   Solicitors: Pikes & Verekers Lawyers.(Applicant) Wiltshire Webb Staunton Beattie Lawyers (Respondent)
File Number(s):	2017/268640
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 were made on the date recorded on those orders. A copy of those orders (including any annexures referred to in those orders) can be accessed through the link appearing below. The date of the orders appears on the first page of the orders.

1. The applicant is granted leave to amend the development application in accordance with the plans referred to in condition 1 of Annexure A.

2. The Applicant is to pay the Respondent’s costs pursuant to s 97B of the Environmental Planning and Assessment Act 1979 in the sum of $6000.00 within 28 days.

3. The appeal is upheld.

4. Development Application No. 33/2017 for the construction of a loft above an existing garage at 22 Clovelly Road, Randwick is approved subject to the conditions set out in Annexure A.

…………….

Commissioner O’Neill

Annexure A (63.7 KB, pdf)