Peter Baker v Randwick City Council

[2018] NSWLEC 1153

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Peter Baker v Randwick City Council [2018] NSWLEC 1153
Hearing dates:	Conciliation conference on 28 March 2018
Date of orders:	28 March 2018
Decision date:	28 March 2018
Jurisdiction:	Class 1
Before:	Walsh 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:	Peter Baker (Applicant) Randwick City Council (Respondent)
Representation:	Solicitors: Mr Gordon Hartley, Hartley Solicitors (Applicant) Ms Peta Hudson, Marsdens Law Group (Respondent)
File Number(s):	2017/315151
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 on the following amended plans:

Plan	Drawn by		Dated
Site Analysis Plan DA.00A	GJC		20/2/18
Ground Floor Plan DA.01A	GJC		20/2/18
First floor Plan DA.02A	GJC		20/2/18
Proposed New Roof Attic Level Plan DA.03A	GJC		20/2/18
Proposed New Roof Plan DA.04A	GJC		20/2/18
Proposed North & South Elevations DA.06A	GJC		20/2/18
Proposed East & West Elevations DA.07B	GJC		20/2/18
Proposed Section AA	GJC		20/2/18
BASIX Certificate No. A280994_02		Dated 22/3/18

2. The Appeal is upheld.

3. Development Application No. 308/2017 for alterations and additions to an existing dwelling house including second floor (third level) additions to the existing dwelling, first floor additions to an existing garage, new lift within the proposed dwelling, elevated walkway between the first floor of the dwelling and the new first floor of the garage and an external staircase to the garage, on the land at 130 Ferguson Street, Randwick (Lot 2 in DP 556324), is approved subject to the conditions in Annexure A.

4. No orders as to costs.

……………………….

Peter Walsh

Commissioner of the Court

315151.17 Annexure A (C)

315151.17 Annexure B (Plans)

Amendments

29 March 2018 - Date of Orders and Date of Decision amended to reflect orders being made as per the conciliation conference of 28 March 2018.