Paul Dermatis v Randwick City Council

[2017] NSWLEC 1446

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Paul Dermatis v Randwick City Council [2017] NSWLEC 1446
Hearing dates:	Conciliation conference on 30 June & 4 July 2017
Date of orders:	16 August 2017
Decision date:	16 August 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:	PAUL AND IRENE DERMATIS (Applicant) RANDWICK CITY COUNCIL (Respondent)
Representation:	Solicitor: Mr J Whitehouse, Minter Ellison (Applicant) Ms Z Baker, Wilshire Webb Staunton Beattie (Respondent)
File Number(s):	2017/77685
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 appeal is upheld.

2. Leave is granted to the applicant to rely on the amended plans, which are the plans referred to in condition 1 of the conditions set out in Annexure “A” to this agreement.

3. The Applicant is to pay the costs thrown away as a result of amending the development application pursuant to section 97B of the Environmental Planning and Assessment Act 1979 in the sum of $2,500 within 28 days.

4. Modification Application No. DA/551/2015/A dated 30 January 2017 for demolition of all structures and construction of part two, part three storey residential flat building comprising 3 x 2 bedrooms and 1 x 3 bedroom dwellings and basement parking for 7 vehicles, associated site and landscaped works (variation to floor space ratio and height of buildings control) at 20 Moore Street, Coogee is approved subject to the conditions set out in in Annexure ‘A’ attached hereto.

5. As a consequence of order 2(b), Development Consent No. DA/551/2015 is now subject to the consolidated, modified conditions of consent set out in Annexure “B”

……………………….

Commissioner Dixon

77685.17 Dixon - Annexure A (638 KB, pdf)

77685.17 Dixon - Annexure B (430 KB, pdf)

Amendments

20 December 2017 - Pursuant to UCPR 36.17, the slip rule, amend orders of 16 August 2017 so that orders 4(d) and 4(e) refer to the correct DA Modification Number (DA/551/2015/A) and DA Number (DA/551/2015) respectively.