Spirecorp Pty Ltd v Randwick City Council

[2017] NSWLEC 1250

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Spirecorp Pty Ltd v Randwick City Council [2017] NSWLEC 1250
Hearing dates:	Conciliation conference on 18 April 2017
Date of orders:	23 May 2017
Decision date:	23 May 2017
Jurisdiction:	Class 1
Before:	Chilcott 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:	Solicitor: Ms K Gerathy, HWL Ebsworth Lawyers (Applicant) Mr M Staunton, Martin Place Chambers (Respondent)
File Number(s):	2016/372145
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 appeal is upheld.

2. Development Application 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 approved subject to the conditions in Annexure A.

……………………….

Commissioner Chilcott

372145.16 Chilcott (C) (615 KB, pdf)

Amendments

10 July 2017 - Correction to DA number in order 2