Karantonis v Woollahra Council

[2017] NSWLEC 1254

Land and Environment Court

New South Wales

Medium Neutral Citation:	Karantonis v Woollahra Council [2017] NSWLEC 1254
Hearing dates:	Conciliation conference on 24 April 2017 and 11 May 2017
Date of orders:	24 May 2017
Decision date:	24 May 2017
Jurisdiction:	Class 1
Before:	Morris 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:	Bill Karantonis (Applicant) Woollahra Council (Respondent)
Representation:	Solicitors: Mr A Boskovitz Boskovitz & Associates Solicitors (Applicant) Mr S Simington Lindsay Taylor Lawyers (Respondent)
File Number(s):	12322/2017
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 under s34(3) of the Land and Environment Court Act 1979 are:

1. The applicant is granted leave to amend its development application in accordance with the plans and documents specified in condition A.4 of Annexure A.

2. The appeal is upheld.

3. Development Consent is granted to DA110/16 for the construction of a boarding house consisting of three (3) storeys plus basement level comprising twenty-four (24) self-contained rooms (including caretaker’s room), a common area and communal outdoor area on the ground floor level, and basement parking and landscaping at 52 Hopewell Street, Paddington, subject to the conditions in Annexure ‘A’.

4. The Applicant to pay the Council’s costs in respect of the leave granted under paragraph (1) under s97B of the Environmental Planning and Assessment Act 1979 as agreed or assessed.

………………………..

Commissioner Morris

12322.17 Morris (C Annexure A) (651 KB, pdf)

12322.17 Morris - Plans (2.08 MB, pdf)