Benjamin Lam v Wollongong City Council [2016] NSWLEC 1592

Land and Environment Court New South Wales

Medium Neutral Citation: Benjamin Lam v Wollongong City Council [2016] NSWLEC 1592 Hearing dates: Conciliation conference on 9 August, 27 September, 9 and 29 November 2016 Date of orders: 12 December 2016 Decision date: 12 December 2016 Jurisdiction: Class 1 Before: Morris 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: Benjamin Lam (Applicant) Wollongong City Council (Respondent) Representation: Mr V Conomos Conomos Legal (Applicant) Mr J Reilly Wollongong City Council (Respondent) File Number(s): 2016/158153 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 amend the development application and rely upon the plans identified in Annexure A to this agreement; 2. The appeal is upheld; 3. DA-2015/1664 to demolish an existing single storey dwelling and construct a six storey mixed use development at 23 Loftus Street Wollongong is determined by the grant of consent, subject to the conditions at Annexure A; and 4. The Applicant is to pay the sum of $7,740.00 to the Respondent being costs under section 97B of the Environmental Planning & Assessment Act 1979 within 21 days of the date of this agreement. ………………………. Commissioner Morris 158153.16 Morris (C) (334 KB, pdf) 158153.16 Morris - Plans (109 KB, pdf) 158153.16 Morris - Plans - Loftus St Wollongong (3.21 MB, pdf)