Raili Kaarin Kristen Summers v Randwick City Council [2017] NSWLEC 1089

Land and Environment Court New South Wales

Medium Neutral Citation: Raili Kaarin Kristen Summers v Randwick City Council [2017] NSWLEC 1089 Hearing dates: Conciliation conference on 6 February 2017 Date of orders: 23 February 2017 Decision date: 23 February 2017 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: Raili Kaarin Kristen Summers (Applicant) Mariane Hakim (Applicant) Randwick City Council (Respondent) Representation: Solicitors: Garry Green, Pikes & Verekers (Applicant) Victoria McGrath, Norton Rose Fulbright (Respondent) File Number(s): 2016/321118 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 applicants are granted leave to rely upon the plans referred to in the table in Condition 1 of Annexure "A". 2. Development application No. 630/2016 for construction of new hard stand car spaces to the front of the existing semi-detached dwellings is approved subject to the conditions in Annexure "A" hereto. ……………. Rosemary Martin Senior Commissioner 321118.16 Annexure A (C) (41.6 KB, pdf) 321118.16 Plans (1.22 MB, pdf) DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 24 February 2017