Land and Environment Court New South Wales Medium Neutral Citation: Micaul Holdings Pty Ltd v Randwick City Council [2017] NSWLEC 1180 Hearing dates: Conciliation Conference 8 March 2017 Date of orders: 31 March 2017 Decision date: 31 March 2017 Jurisdiction: Class 1 Before: Dixon 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: Micaul Holdings Pty Ltd (Applicant) Randwick City Council (Respondent) Representation: Counsel: C McEwen (Barrister) (Respondent) Solicitors: G Christmas, Apex Planning and Environmental Law (Applicant) V McGrath, Norton Rose Fulbright (Respondent) File Number(s): 2016/353252 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. Leave is granted to the Applicant to file and rely on the following amended plans: Plan Number and Revision Prepared by Date A2106 – Plan Ground – Rev CC02 ESS Architects 24.03.17 L01 - Landscape plan – Issue H Amber Road 23.03.17 L02 - Landscape planting and materials palette – Issue C Amber Road 23.03.17 L03 - Landscape section and elevations – Issue G Amber Road 23.03.17 1. The appeal is upheld. 2. Modification Application No. DA/11/2015/B lodged with the Respondent on 14 October 2016 to modify the Development Consent granted by the Land and Environment Court on 25 August 2015 (and as modified on 12 October 2016 by the Respondent by approval of DA/11/2015/A) for the demolition of existing buildings, tree removal and construction of a residential flat building at 293-297 Alison Road, Coogee is determined by approving the modifications as set out in Annexure "A". 3. As a consequence of Order 3, the Development Consent granted by the Court on 25 August 2015 is now subject to the consolidated conditions of development consent as set out in Annexure "B". ……………. Susan Dixon Commissioner of the Court 353252.16 Dixon - Annexure A (C) (29.9 KB, pdf) 353252.16 Dixon - Annexure B (C) (244 KB, 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: 07 April 2017