Onions v Randwick City Council

[2018] NSWLEC 1312

Land and Environment Court

New South Wales

Medium Neutral Citation:	Onions v Randwick City Council [2018] NSWLEC 1312
Hearing dates:	Conciliation conference on 22 June 2018
Date of orders:	22 June 2018
Decision date:	22 June 2018
Jurisdiction:	Class 1
Before:	Chilcott 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:	Katherine Elizabeth Onions (Applicant) Randwick City Council (Respondent)
Representation:	Solicitors: T Carter, McLachlan Thorpe Partners (Applicant) A Bowen, Randwick City Council (Respondent)
File Number(s):	2017/383645
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 s 34(3) of the Land and Environment Court Act 1979 are:

1. The applicant is granted leave to amend the Development Application (DA/448/2017) lodged on 25 July 2017 relating to 246 Oberon Street, Coogee, New South Wales (“Development Application”) and file and rely upon the plans referred to in Condition 1 of the Conditions of Development Consent set out in Annexure “A” to this agreement.

2. The Appeal is upheld.

3. The Development Application is approved subject to the Conditions of Development Consent set out in Annexure “A” to this agreement.

……………………….

Michael Chilcott

Commissioner of the Court

Annexure A (198 KB, pdf)