Sipos v Randwick City Council

[2016] NSWLEC 1479

Land and Environment Court

New South Wales

Medium Neutral Citation:	Sipos v Randwick City Council [2016] NSWLEC 1479
Hearing dates:	Conciliation conference on 19, 27 September, 5 October 2016
Date of orders:	10 October 2016
Decision date:	10 October 2016
Jurisdiction:	Class 1
Before:	Smithson C
Decision:	See (4) below
Catchwords:	MODIFICATION APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Elizabeth Sipos (Applicant) Randwick City Council (Respondent)
Representation:	Counsel: R. O’Gorman - Hughes (Applicant) Solicitors: D. Newhouse, Newhouse & Arnold Solicitors (Applicant) A. Bowen, Eakin McCaffery Cox Lawyers (Respondent)
File Number(s):	2016/00183015
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, 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 amended plans as identified in Condition 1C and Condition 4A of Annexure 'A'.

2. The appeal is upheld.

3. Development Consent DA/194/2015 for demolition of all structures on site and construction of a new four storey residential flat building comprising 6 dwellings and basement parking for 7 vehicles, associated site and landscape works as modified by Development Consent DA/194/2015/B and further modified by DA/194/2015/C is amended to alter kitchen and rear balcony areas and to further detail basement and lower basement levels with regard to car stack parking as detailed on the amended plans and subject to the conditions set out in Annexure 'A'.

4. The consolidation conditions of Development Consent DA/194/2015/A incorporating the conditions set out in Annexure 'A' are set out in Annexure 'B'.

5. No order as to costs.

…………….

Jenny Smithson

Commissioner

183015.16 - Annexure A (20.6 KB, pdf)

183015.16 - Annexure B (212 KB, pdf)

183015.16 Plans - Annexure A - Condition 1C Drawings (5.55 MB, pdf)

183015.16 Plans - Annexure A - Condition 4A Drawing (308 KB, pdf)