Spirecorp Pty Ltd v Randwick City Council

[2018] NSWLEC 1082

Land and Environment Court

New South Wales

Medium Neutral Citation:	Spirecorp Pty Ltd v Randwick City Council [2018] NSWLEC 1082
Hearing dates:	Conciliation conference on 19 January 2018, 5 February 2018 and 19 February 2018
Date of orders:	22 February 2018
Decision date:	22 February 2018
Jurisdiction:	Class 1
Before:	Brown 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:	Spirecorp Pty Ltd (Applicant) Randwick City Council (Respondent)
Representation:	Counsel Michael Staunton (Applicant) Solicitor: Tom Naylor, King & Wood Mallesons (Applicant) Kirston Gerathy, HWL Ebsworth (Respondent)
File Number(s):	2017/252020
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. Leave is granted to rely on the amended plans at Annexure A and as referred to in condition 1 of Annexure C;

2. The appeal is upheld;

3. Modification Application No. 561/2016A to modify Development Consent No. 561/2016 for the Torrens Title subdivision of 3 lots at 1897-1901 and 1903R Botany Road, Matraville (being Lot C in DP398532, Lot 30 in DP 236738 and Lot 101 in DP 53464) into 12 lots incorporating a Community Title Scheme, a new internal private road, site remediation and associated infrastructure works is determined by approving the modifications set out in Annexure B;

4. As a consequence of Order 3, Development Consent No. 561/2016 is now subject to the consolidated, modified conditions of development consent set out in Annexure C.

……………………….

Graham Brown

Commissioner of the Court

Annexure A (5.91 MB, pdf)

Annexure B (204 KB, pdf)

Annexure C (630 KB, pdf)