Llanfoyst Holdings Pty Ltd v Randwick City Council

[2018] NSWLEC 1033

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Llanfoyst Holdings Pty Ltd v Randwick City Council [2018] NSWLEC 1033
Hearing dates:	Conciliation conference on 23 October, 19 December 2017 and 25 January 2018
Date of orders:	25 January 2018
Decision date:	25 January 2018
Jurisdiction:	Class 1
Before:	Dickson C
Decision:	See (5) below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Llanfoyst Holdings Pty Ltd (Applicant) Randwick City Council (Respondent)
Representation:	Counsel: Ms A Pearman (Respondent) Solicitor: Anthony Boskovtiz, Boskovitz & Associates (Applicant) Ann Bowen, Eakin McCaffery Cox Lawyers (Respondent)
File Number(s):	2017/192092
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal, under s97 of the Environmental Planning and Assessment Act 1979, against Council’s refusal of development application number DA/283/2017. The application seeks approval for demolition and construction of a three storey residential flat building. The development is proposed at 5 Llanfoyst Street, Randwick.

2. 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”.

3. 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.

4. 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.

5. 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 the development application and rely upon the plans referred to in Condition 1 of Annexure “A” to this agreement.

2. The Appeal is upheld.

3. Development Application DA283/2017 for the demolition of existing structure, construction of Residential flat building containing 6 dwellings, basement parking and associated works is approved subject to the conditions set out in Annexure “A” to this agreement.

……………………….

D M Dickson

Commissioner of the Court

Annexure A (213 KB, pdf)

Annexure B (9.18 MB, pdf)

Amendments

21 March 2018 - Correction made to representation.