Scott Reynolds v Randwick City Council

[2017] NSWLEC 1566

Land and Environment Court

New South Wales

Medium Neutral Citation:	Scott Reynolds v Randwick City Council [2017] NSWLEC 1566
Hearing dates:	Conciliation conference on 13 September 2017
Date of orders:	04 October 2017
Decision date:	04 October 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:	Scott Reynolds (Applicant) Randwick City Council (Respondent)
Representation:	Solicitor: Mr G Hartley, Hartley Solicitors (Applicant) Ms A Bowen, Shaw Reynolds Bowen & Gerathy (Respondent)
File Number(s):	2017/147942
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 granted leave to rely on the plans listed under Condition 2 below the heading 'Amendment of Plans & Documentation' in Annexure “A”.

2. The Appeal is upheld.

3. Modification Application number DA 531/2016/A for the deletion of condition 2a of development consent DA 531/2016 is approved subject to the conditions in Annexure “A” which are incorporated in the consolidated, modified conditions of development consent DA/531/2016/A in Annexure “B”.

……………………….

Senior Commissioner Martin

Annexure A (61.6 KB, pdf)

Annexure B (341 KB, pdf)