Vitalone v Randwick City Council

[2018] NSWLEC 1116

Land and Environment Court

New South Wales

Medium Neutral Citation:	Vitalone v Randwick City Council [2018] NSWLEC 1116
Hearing dates:	Conciliation conference on 21 February, 1 and 6 March 2018
Date of orders:	08 March 2018
Decision date:	08 March 2018
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:	Domenic Vitalone (First Applicant) Fay Vitalone (Second Applicant) Randwick City Council (Respondent)
Representation:	Solicitors: Mr. Gordon Hartley, Hartley Solicitors (Applicants) Mr Stephen Patterson, Wilshire Webb Staunton Beattie (Respondent)
File Number(s):	2017/248125
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 applicant is granted leave to rely on the plans listed below the heading ‘1. Approved Plans & Supporting Documentation’ in Annexure ‘A’.

2. Appeal upheld; and

3. Development application number DA 854/2016 for demolition of the existing dwelling house and construction of a new dwelling house, swimming pool and landscaping works at 14 Alexandria Parade, South Coogee is approved subject to the conditions in Annexure ‘A’.

……………………….

Michael Chilcott

Commissioner of the Court

Annexure A (125 KB, pdf)