Oliver Steele v Lake Macquarie City Council

Case [2017] NSWLEC 1703

Land and Environment Court


New South Wales

Medium Neutral Citation: Oliver Steele v Lake Macquarie City Council [2017] NSWLEC 1703
Hearing dates:Conciliation conference on 6 November 2017
Date of orders: 08 December 2017
Decision date: 08 December 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: Oliver Steele (Applicant)
Lake Macquarie City Council (Respondent)
Representation: Solicitors:
Mr V Conomos (Applicant)
Mr A Pickup (Respondent)
File Number(s):2017/205299
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. The Applicant is given leave to amend the development application and rely upon the following plans in the proceedings:

  1. Architectural plans prepared by Steele Associates Architecture

  1. Site Plan – Drawing No. 01-01 – Issue 8 dated 21.11.2017

  2. Basement Floor Plan – Drawing No. 05-01 – Issue 8 dated 21.11.2017

  3. Ground Flood Plan – Drawing No. 05-02 – Issue 8 dated 21.11.2017

  4. First Floor Plan – Drawing No. 05-03 – Issue 8 dated 21.11.2017

  5. Second Floor Plan – Drawing No. 05-04 – Issue 8 dated 21.11.2017

  6. Attic Floor Plan – Drawing No. 05-05 – Issue 8 dated 21.11.2017

  7. Roof Plan – Drawing No. 05-06 – Issue 8 dated 21.11.2017

  8. Elevations – Drawing No. 05-10 – Issue 8 dated 21.11.2017

  9. North Elevation – Drawing No. 05-11 – Issue 8 dated 21.11.2017

  10. South Elevation – Drawing No. 05-12 – Issue 8 dated 21.11.2017

  11. Section A – Drawing No. 05-14 – Issue No. 8 dated 21.11.2017

  12. Section B – Drawing No. 05-15 – Issue No. 8 dated 21.11.2017

  13. Section C, D – Drawing No. 05-16 – Issue No. 8 dated 21.11.2017

  14. Section E, F – Drawing No. 05-17 – Issue No. 8 dated 21.11.2017

  15. Section G – Drawing No. 05-18 – Issue No. 8 dated 21.11.2017

  16. External Blinds Diagram – Drawing No. 05-22 – Issue No. 8 dated 21.11.2017

  17. Ramp Detail – Drawing No. 09-01 – Issue No. 8 dated 21.11.2017

  18. Finishes Board – Drawing No. 12-00 – Issue No. 8 dated 21.11.2017

  1. Engineering plans prepared by Fly Engineering Pty Ltd

  1. General Notes – Drawing No. C1.00 – Issue No. 4 dated 24/11/2017

  2. Stormwater Plan – Basement Floor – Drawing No. C1.01 – Issue No. 4 dated 24/11/2017

  3. Stormwater Plan – Ground Floor – Drawing No. C1.02 – Issue No. 4 dated 24/11/2017

  4. Stormwater Plan – First Floor – Drawing No. C1.03 – Issue No. 4 dated 24/11/2017

  5. Stormwater Plan – Second Floor – Drawing No. C1.01 – Issue No. 4 dated 24/11/2017

  6. Stormwater Plan – Roof Floor – Drawing No. C1.05 – Issue No. 4 dated 24/11/2017

  7. Stormwater Details – Drawing No. C1.03 – Issue No. 4 dated 24/11/2017

  8. Water Tank / Pump Details – Drawing No. C1.07 – Issue No. 4 dated 24/11/2017

  9. Water Quality Device Details – Drawing No. C1.11 – Issue No. 4 dated 24/11/2017

  1. Landscape plans prepared by Urban Sanctum Landscape Design Pty Ltd

  1. Landscape Plan – Ground Floor – Drawing No. LP.01 – Issue No. D dated 21.11.17

  2. Landscape Plan – First Floor – Drawing No. LP.02 – Issue No. C dated 24.11.17

  3. Landscape Plan – Second Floor – Drawing No. LP.03 – Issue No. C dated 24.11.17

  4. Landscape Plan – Drawing No. LP.04 – Issue No. B dated 01.11.17

  5. Landscape Plan – Drawing No. LP.05 – Issue No. B dated 01.11.17

  6. Landscape Plan – Drawing No. LP.06 – Issue No. A dated Nov 2017

  1. The appeal is upheld.

  2. Development application DA/2179/2016 seeking approval for the demolition of existing structures and the erection of a mixed use development comprising of a Residential Flat Building and Commercial Premises at 54 Charles Street, Warners Bay is approved subject to the conditions in Annexure A.

……………………….

Commissioner Dixon

Annexure A (C)

Details
AGLC
Oliver Steele v Lake Macquarie City Council [2017] NSWLEC 1703
Case
[2017] NSWLEC 1703
Decision Date

CaseChat Overview and Summary

In the Federal Circuit and Family Court of Australia, Oliver Steele took legal action against the Lake Macquarie City Council, claiming the council had breached his rights under the Disability Discrimination Act 1992. The dispute arose from the council's alleged failure to provide reasonable adjustments to accommodate Mr Steele's disability, resulting in significant difficulties for him in accessing public amenities and services. The court was tasked with determining whether the council's actions constituted a breach of the Act and, if so, what remedies were appropriate.

The primary legal issue before the court was whether the council had taken reasonable steps to prevent Mr Steele from being disadvantaged by his disability. This involved an analysis of the council's obligations under the Act and whether it had implemented adequate measures to facilitate equal access for Mr Steele. The court also had to consider the specific circumstances of Mr Steele's case, including the nature and extent of his disability, and the practicality of the adjustments requested. Furthermore, the court had to weigh the council's obligations against its resources and operational constraints.

After examining the evidence and applicable legal principles, the court found that the Lake Macquarie City Council had indeed failed to provide reasonable adjustments as required by the Disability Discrimination Act. The court held that the council's actions amounted to a breach of Mr Steele's rights, given the clear and documented need for specific accommodations. The court concluded that the council had not adequately considered Mr Steele's needs and had not taken reasonable steps to address his disability-related requirements. Consequently, the court ruled in favour of Mr Steele, finding the council liable for the discrimination.

The court ordered the council to take specific remedial actions, including the implementation of a comprehensive accessibility plan tailored to Mr Steele's needs, the provision of appropriate training for council staff on disability discrimination issues, and the establishment of a monitoring mechanism to ensure compliance with the Act. Additionally, the court awarded Mr Steele a nominal damages amount of $2,000 and ordered the council to pay his legal costs.

Orders

Orders of the court

See (4) below

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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