David Beamond v Randwick City Council [2017] NSWLEC 1419

Land and Environment Court New South Wales

Medium Neutral Citation: David Beamond v Randwick City Council [2017] NSWLEC 1419 Hearing dates: Conciliation conference on 4 August 2017 Date of orders: 04 August 2017 Decision date: 04 August 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: David Beamond (Applicant) Randwick City Council (Respondent) Representation: Solicitor: Mr T Flaherty, Mills Oakley (Applicant) Ms J Corradini-Bird, Marsdens Law Group (Respondent) File Number(s): 2017/34076 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 given leave to amend the development application by substituting the following plans and documentation as the plans and documentation relied upon for the purpose of the development application: Plan No. Name Revision Drawn by Dated DA1.04 Proposed Basement and Ground Floor Plan E Stubbs Design Tribe 23/5/2017 DA1.05 Proposed Levels 2 – 3 and 4 Floor Plans E Stubbs Design Tribe 23/5/2017 DA1.07 Sections B Stubbs Design Tribe 20/5/2017 DA1.13 Solar Access and Ventilation Diagrams B Stubbs Design Tribe 27/5/2017 DA1.16 Elevations B Stubbs Design Tribe 20/5/2017 Apartment Area Summary and SEPP 65 Compliance Table E Stubbs Design Tribe 26/5/17