STM 123 No.2 Pty Ltd v Waverley Council

[2016] NSWLEC 1550

Land and Environment Court

New South Wales

Medium Neutral Citation:	STM 123 No.2 Pty Ltd v Waverley Council [2016] NSWLEC 1550
Hearing dates:	Conciliation conference on 26 August & 18 November 2016
Date of orders:	18 November 2016
Decision date:	18 November 2016
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:	STM 123 No.2 Pty Ltd as Trustee for the STM 123 No.2 Trust (Applicant) Waverley Council (Respondent)
Representation:	Solicitors: Mr R Bennett, Pikes & Verekers Lawyers (Applicant) Mr S Patterson, Wilshire Webb Staunton Beattie Lawyers (Respondent)
File Number(s):	2016/154570
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 application Class 1 as filed by the Applicant in these proceedings is amended in accordance with the document annexed and marked “A”.

2. The appeal is upheld.

3. Application No. of DA-205/2015 for the demolition of an existing 4 storey residential flat building and the construction of a 3-4 storey residential flat building with 9 units, basement car parking and strata subdivision at 14 Fletcher Street Bondi NSW 2026 is approved subject to the conditions annexed and marked “B”.

…………….

Senior Commissioner Martin

154570.16 Martin (C) Annexure A (101 KB, pdf)

154570.16 Martin (C) Annexure B (490 KB, pdf)