STM 123 No. 6 Pty Ltd v Waverley Council

[2016] NSWLEC 1628

Land and Environment Court

New South Wales

Medium Neutral Citation:	STM 123 No. 6 Pty Ltd v Waverley Council [2016] NSWLEC 1628
Hearing dates:	Conciliation conference on 15 December 2016
Date of orders:	23 December 2016
Decision date:	19 December 2016
Jurisdiction:	Class 1
Before:	O’Neill 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:	STM 123 No. 6 Pty Ltd (Applicant) Waverley Council (Respondent)
Representation:	Counsel: Mr C. McEwen SC.(Applicant) Ms S. Duggan SC. (Respondent)   Solicitors: Addistons Lawyers (Applicant) Wiltshire Webb Staunton Beattie Lawyers (Respondent)
File Number(s):	2016/152867

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 were made on the date recorded on those orders. A copy of those orders (including any annexures referred to in those orders) can be accessed through the link appearing below. The date of the orders appears on the first page of the orders.

1. The Applicant is given leave to amend the development application by substituting the following plans referred to in condition A1 in Annexure ‘A’.

2. The Applicant is to pay the costs thrown away as a result of amending the development application pursuant to section 97B of the Environmental Planning and Assessment act 1979 in the sum of $1.00 within 28 days.

3. The appeal is upheld.

4. Development Application No. DA-206/2015 for the demolition of existing building and construction of a 4 storey residential flat building containing 7 units and basement car parking at 67A Roscoe Street, Bondi Beach is determined by approving the plans referred to in condition A1 in Annexure ‘A’ and subject to the conditions of development consent set out in Annexure ‘A’.

…………….

Commissioner O’Neill

152867.16 O'Neill (C) (498 KB, pdf)