MHN Design Union Pty Ltd v Randwick City Council

[2018] NSWLEC 1184

Land and Environment Court

New South Wales

Medium Neutral Citation:	MHN Design Union Pty Ltd v Randwick City Council [2018] NSWLEC 1184
Hearing dates:	Conciliation conference on 16 February and 12 April 2018
Date of orders:	26 April 2018
Decision date:	26 April 2018
Jurisdiction:	Class 1
Before:	Dixon SC
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:	MHN Design Union Pty Ltd (Applicant) Randwick City Council (Respondent)
Representation:	Solicitors: Mr David Rod, Spectrum Legal Group (Applicant) Mr Adam Seton, Marsdens Law Group (Respondent)
File Number(s):	2017/258991
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 s34(3) of the Land and Environment Court Act 1979 are:

1. Leave is granted to rely on the following documents that are the subject of Development Application No. DA-2750/2015/DA-BH:

Plan No.	Plan Name	Issue	Prepared by	Date
10.2_J	First Floor Plans	J	MHN Design Union Pty Ltd	29/03/2018
10.3_J	Second Floor Plans	J	MHN Design Union Pty Ltd	29/03/2018
10.4_J	Third Floor Plans	J	MHN Design Union Pty Ltd	29/03/2018
20.6 _G	West Elevation	G	MHN Design Union Pty Ltd	29/03/2018
30.12_B	Section E + Louvre Detail	B	MHN Design Union Pty Ltd	29/03/2018

2. The appeal is upheld.

3. Modification Application No. 189/2016/A to modify Development Consent No. DA-189/2016 granted by the Respondent on 8 November 2016 for the “demolition of existing structures, construction of a part 3/part 4 storey residential flat building containing 11 dwellings, semi-basement car parking for 20 vehicles, landscaping, strata subdivision and associated works (variation to floor space ratio control” at 5-7 Stark Street, Coogee (Lot 1 DP 1234566), by altering the layout of unit 1.01 to create 2 separate 2 bedroom units, and converting the north-facing balconies of units 2.03 and 3.02 to create a study for each unit, is determined by approving the modification as set out in Annexure “A”.

4. As a consequence of order (3), Development Consent No. DA-189/2016 is subject to the consolidated, modified conditions of consent as set out in Annexure “B”.

……………………….

Susan Dixon

Senior Commissioner of the Land & Environment Court

Annexure A (56.2 KB, pdf)

Annexure B (201 KB, pdf)