Zachary Purton v Randwick City Council

[2017] NSWLEC 1066

Land and Environment Court

New South Wales

Medium Neutral Citation:	Zachary Purton v Randwick City Council [2017] NSWLEC 1066
Hearing dates:	Conciliation conference on 9 February 2017
Date of orders:	09 February 2017
Decision date:	09 February 2017
Jurisdiction:	Class 1
Before:	Dickson 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:	Zachary Purton (Applicant) Nicole Louise Purton (Applicant) Randwick City Council (Respondent)
Representation:	Counsel: A Galasso (Applicant) Solicitors: G Hartley, Hartley Solicitors (Applicant) K Gerathy, HWL Ebsworth Lawyers (Respondent)
File Number(s):	2016/327069
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. The applicant's request for an exception to the floor space ratio development standard pursuant to clause 4.6 of the Randwick Local Environmental Plan 2012 is upheld.

3. Development consent is granted to development application DA/117/2016 for the demolition of existing dwelling, retention of some existing retaining walls and internal walls, construction of part 2 part 3 storey dwelling, garage fronting laneway with swimming pool and terrace on level above and landscaping, subject to and in accordance with the conditions in Annexure A the plans as amended in red in Annexure B.

…………….

Commissioner Dickson

327069.16 Dickson (C) (518 KB, pdf)

327069.16 Dickson - Annexure B (Plans2) (6.50 MB, pdf)

327069.16 Dickson - Annexure B (Plans1) (3.59 MB, pdf)