Lay v Randwick City Council

[2018] NSWLEC 1333

Land and Environment Court

New South Wales

Medium Neutral Citation:	Lay v Randwick City Council [2018] NSWLEC 1333
Hearing dates:	Hearing 18-19 June 2018, adjourned to Conciliation Conference on 19, 26 June 2018.
Date of orders:	03 July 2018
Decision date:	03 July 2018
Before:	Walsh 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:	Graeme Lay (Applicant) Randwick City Council (Respondent)
Representation:	Counsel: I Hemmings SC (Applicant) Solicitors: Mills Oakley Lawyer (Applicant) S Patterson, Wilshire Webb Staunton Beattie (Respondent)
File Number(s):	2017/277957
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 amended plans and documents as referred to in condition 1 of the conditions of consent contained at Annexure “A”.

2. The appeal is upheld.

3. Modification application no. DA/839/2015/A seeking to modify development consent no. DA 839/2015 at 163 Arden Street, Coogee, is approved subject to the conditions contained at Annexure “A”.

4. Exhibits from adjourned hearing are returned.

……………………….

Peter Walsh

Commissioner of the Court

Annexure A (216 KB, pdf)

Decision last updated: 05 July 2018