Micaul Holdings Pty Ltd v Randwick City Council

[2017] NSWLEC 1180

Land and Environment Court

New South Wales

Medium Neutral Citation:	Micaul Holdings Pty Ltd v Randwick City Council [2017] NSWLEC 1180
Hearing dates:	Conciliation Conference 8 March 2017
Date of orders:	31 March 2017
Decision date:	31 March 2017
Jurisdiction:	Class 1
Before:	Dixon 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:	Micaul Holdings Pty Ltd (Applicant) Randwick City Council (Respondent)
Representation:	Counsel: C McEwen (Barrister) (Respondent) Solicitors: G Christmas, Apex Planning and Environmental Law (Applicant) V McGrath, Norton Rose Fulbright (Respondent)
File Number(s):	2016/353252
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 the Applicant to file and rely on the following amended plans:

Plan Number and Revision	Prepared by	Date
A2106 – Plan Ground – Rev CC02	ESS Architects	24.03.17
L01 - Landscape plan – Issue H	Amber Road	23.03.17
L02 - Landscape planting and materials palette – Issue C	Amber Road	23.03.17
L03 - Landscape section and elevations – Issue G	Amber Road	23.03.17

2. The appeal is upheld.

3. Modification Application No. DA/11/2015/B lodged with the Respondent on 14 October 2016 to modify the Development Consent granted by the Land and Environment Court on 25 August 2015 (and as modified on 12 October 2016 by the Respondent by approval of DA/11/2015/A) for the demolition of existing buildings, tree removal and construction of a residential flat building at 293-297 Alison Road, Coogee is determined by approving the modifications as set out in Annexure “A”.

4. As a consequence of Order 3, the Development Consent granted by the Court on 25 August 2015 is now subject to the consolidated conditions of development consent as set out in Annexure “B”.

…………….

Susan Dixon

Commissioner of the Court

353252.16 Dixon - Annexure A (C) (29.9 KB, pdf)

353252.16 Dixon - Annexure B (C) (244 KB, pdf)