Kehlet v Randwick City Council

Case •

[2018] NSWLEC 1444

•

21 August 2018

No judgment structure available for this case.

Land and Environment Court


New South Wales

Medium Neutral Citation: Kehlet v Randwick City Council [2018] NSWLEC 1444
Hearing dates: Conciliation conference on 15 August 2018
Date of orders: 21 August 2018
Decision date: 21 August 2018
Jurisdiction:Class 1
Before: Smithson 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: Raymond John Kehlet (Applicant)
Randwick City Council (Respondent)
Representation:

Counsel:
Dr. J Smith (Applicant)

Solicitors:
Whitfields (Applicant)
A Seton, Marsdens Law Group (Respondent)
File Number(s): 2018/1480
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 s 34(3) of the Court Act are:

  1. The Appeal is upheld.

  2. Development Application No. 163/2017 for the Torrens title subdivision of the land at 275 Beauchamp Street, Matraville (Lot 1856 in DP752015) into two lots, is approved subject to the conditions in Annexure A.

……………………….

J Smithson

Commissioner of the Court

Annexure A (16.7 KB, pdf)

Decision last updated: 21 August 2018

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