Cbus Property Sydney Residential Pty Limited v Randwick City Council [2017] NSWLEC 1173

Land and Environment Court New South Wales

Medium Neutral Citation: Cbus Property Sydney Residential Pty Limited v Randwick City Council [2017] NSWLEC 1173 Hearing dates: Conciliation conference on 17-22 March 2017 Date of orders: 03 April 2017 Decision date: 03 April 2017 Jurisdiction: Class 1 Before: Morris CClick here to enter text. Decision: See (4) below Catchwords: Concept masterplan; voluntary planning agreement; mixed use development; conservation of heritage items; conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: Cbus Property Sydney Residential Pty Limited (Applicant) Randwick City Council (Respondent) Representation: Counsel: Mr C McEwan SC with Mr M Staunton (Applicant) Mr I Hemmings SC (Respondent)

Solicitors: HWL Ebsworth (Applicant) Marsdens Law Group (Respondent) File Number(s): 249149/2016Click here to enter text. 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, 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 amended plans referred to in condition 6 of the Conditions of Consent at Annexure "A". 2. The Applicant is to pay the Respondent's costs thrown away pursuant to Section 97B of the Environmental Planning and Assessment Act 1979 in the amount of $15,000.00. 3. The Appeal is upheld. 4. Staged Development Application No. DA88/2016 that sets out a concept proposal for the development of the following land known as 'Newmarket Green' site ("the Site"): 164-174 Barker Street, Randwick \Corner Lot A, DP 330407 Newmarket Stables 1-11 Young Street, Randwick Lot B 330407 158-162 Barker Street, Randwick Corner Lot 1, DP 1041725 Pt Stable 2 156 Barker Street, Randwick Lot 4 DP 165055 152-154 Barker Street, Randwick Lot 1 DP 81877 & Lot 4 DP 1039981 150 Barker Street, Randwick Lot 1, DP 932027 1 Jane Street, Randwick Lot B DP 344447 18 Jane Street, Randwick Lot 1 DP 85107 21 Jane Street, Randwick Lot B DP 312682 181 Botany Street, Randwick Lot 3 DP 1102370 8-12 Young Street, Randwick Lot 1 DP 87614 14-20 Young Street Corner Lot 3 DP 1041725 28-30 Young Street, Randwick Part Lot 1 DP 541576 32-42 Young Street, Randwick Lot 1 DP 1102864