Raili Kaarin Kristen Summers v Randwick City Council
[2017] NSWLEC 1089
•23 February 2017
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
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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”.
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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.
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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.
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The final orders to give effect to the parties’ agreement under s34(3) of the Land and Environment Court Act 1979 are:
The applicants are granted leave to rely upon the plans referred to in the table in Condition 1 of Annexure “A”.
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.
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Rosemary Martin
Senior Commissioner
321118.16 Annexure A (C) (41.6 KB, pdf)
321118.16 Plans (1.22 MB, pdf)
Decision last updated: 24 February 2017
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