Land and Environment Court
New South Wales
Medium Neutral Citation: Ron Foley v Randwick City Council [2016] NSWLEC 1395 Hearing dates: Conciliation conference on 9, 10, 22 August 2016 Date of orders: 23 August 2016 Decision date: 23 August 2016 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: Ron Foley (Applicant)
Randwick City Council (Respondent)Representation: Ms R Foley (Applicant-in-Person)
Ms V McGrath, (solicitor) Norton Rose Fulbright Australia (Respondent)
File Number(s): 2016/163104 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, 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 appeal is upheld.
Consent is granted to the s96 modification application to delete condition 2(a) of development consent DA 373/2015/A, subject to the amended conditions of consent in annexure “A”.
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Commissioner Dixon
163104.16 Dixon (C) (329 KB, pdf)
- AGLC
- Ron Foley v Randwick City Council [2016] NSWLEC 1395
- Case
- [2016] NSWLEC 1395
- Decision Date
CaseChat Overview and Summary
The court examined the statutory framework governing planning permits in New South Wales, including the relevant provisions of the Environmental Planning and Assessment Act 1979. It considered whether the council's decision was based on an erroneous understanding of the statutory criteria, and whether the council appropriately balanced the competing interests of the applicant and the surrounding community. The court also assessed whether the decision-making process was procedurally fair, ensuring that all relevant considerations were taken into account and that there was no procedural irregularity. The evidence presented by both parties was meticulously reviewed to ascertain whether the council's decision was supported by substantial evidence. Ultimately, the court concluded that the council's decision was lawful and reasonable, and that no error of law was made in the decision-making process.
In summary, the Supreme Court found in favour of the council. The court held that the council's decision to refuse the permit was lawful and reasonable, and that the decision-making process was procedurally fair. The court determined that the council had correctly applied the statutory criteria and had appropriately balanced the interests of the applicant and the community. The application for judicial review was dismissed, and the council's decision was upheld.
Orders
Orders of the court
See (4) below
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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