Mekler v Randwick City Council

[2016] NSWLEC 1351

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Mekler v Randwick City Council [2016] NSWLEC 1351
Hearing dates:	Conciliation conference on 4 and 20 July, 5 August 2016
Date of orders:	19 August 2016
Decision date:	19 August 2016
Jurisdiction:	Class 1
Before:	Tuor 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:	David Mekler (Applicant) Randwick City Council (Respondent)
Representation:	Mr G. Green, Pikes & Verekers Lawyers (Applicant) Ms A. Bowen, Eakin McCaffery Cox Lawyers (Respondent)
File Number(s):	2016/151959
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 rely on the amended plans as identified in Condition 1.3 of Annexure 'A'.

2. The appeal is upheld.

3. Development Consent DA883/2014/B for demolition of existing dwelling house and construction of 5 x 2 storey townhouses with basement parking and associated site and landscape works as modified by Development Consent DA883/2014/A is amended to provide for skillion roof and attic spaces in 3 of the 5 townhouses as detailed on the amended plans and subject to the conditions set out in Annexure 'A'.

4. The consolidation conditions of Development Consent DA883/2014/B incorporating the conditions set out in Annexure 'A' are set out in Annexure 'B'.

5. No order as to costs.

……………………..

Annelise Tuor

Commissioner

151959.16 - Annexure A (14.3 KB, pdf)

151959.16 - Annexure B (218 KB, pdf)

Amendments

09 September 2016 - Amended Orders 4(3) and 4(4)