Raili Kaarin Kristen Summers v Randwick City Council

[2017] NSWLEC 1089

Land and Environment Court

New South Wales

Medium Neutral Citation:	Raili Kaarin Kristen Summers v Randwick City Council [2017] NSWLEC 1089
Hearing dates:	Conciliation conference on 6 February 2017
Date of orders:	23 February 2017
Decision date:	23 February 2017
Jurisdiction:	Class 1
Before:	Martin SC
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:	Raili Kaarin Kristen Summers (Applicant) Mariane Hakim (Applicant) Randwick City Council (Respondent)
Representation:	Solicitors: Garry Green, Pikes & Verekers (Applicant) Victoria McGrath, Norton Rose Fulbright (Respondent)
File Number(s):	2016/321118
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 applicants are granted leave to rely upon the plans referred to in the table in Condition 1 of Annexure “A”.

2. Development application No. 630/2016 for construction of new hard stand car spaces to the front of the existing semi-detached dwellings is approved subject to the conditions in Annexure “A” hereto.

…………….

Rosemary Martin

Senior Commissioner

321118.16 Annexure A (C) (41.6 KB, pdf)

321118.16 Plans (1.22 MB, pdf)