Krigstein v Randwick City Council

[2018] NSWLEC 1515

Land and Environment Court

New South Wales

Medium Neutral Citation:	Krigstein v Randwick City Council [2018] NSWLEC 1515
Hearing dates:	Conciliation conference on 6 September 2018
Date of orders:	28 September 2018
Decision date:	28 September 2018
Jurisdiction:	Class 1
Before:	O’Neill 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:	Warwick Krigstein (Applicant) Randwick City Council (Respondent)
Representation:	Counsel: J Johnson (Applicant) Solicitors: Madison Marcus Law Firm (Applicant) S Patterson, Wilshire Webb Staunton Beattie (Respondent)
File Number(s):	2018/76389
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 Land and Environment Court Act 1979 are:

1. The Applicant is granted leave to rely on the following amended plans and documents:

Drawing	Drawn by	Dated
“Site Plan” Drawing No. 01, Revision D	ECOFACTOR	13.09.18
“Floor Plans” Drawing No. 02, Revision D	ECOFACTOR	13.09.18
“Elevations & Fence Detail” Drawing No. 03, Revision D	ECOFACTOR	13.09.18
“Street Ele, Section & Subdivision Plan” Drawing No. 04, Revision D	ECOFACTOR	13.09.18

2. The Appeal is upheld.

3. Conditions 2(a) and 2(e) of Development Consent DA/477/2017 approved on 28 November 2017 are deleted.

4. Development Application DA/477/2017 for development described as “demolition of the existing building and the construction of an attached dual occupancy development including Torrens Title subdivision” is approved subject to the amended conditions of consent annexed hereto and marked “A”.

5. Each party is to pay their own costs of the proceedings.

……………………….

Susan O’Neill

Commissioner of the Court

Annexure A (310 KB, pdf)