Land and Environment Court New South Wales Medium Neutral Citation: Diagono Property Group Pty Ltd v Randwick City Council [2017] NSWLEC 1526 Hearing dates: Conciliation conference on 31 August, 22 September 2017 Date of orders: 22 September 2017 Decision date: 22 September 2017 Jurisdiction: Class 1 Before: Chilcott 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: Diagono Property Group Pty Limited (Applicant) Randwick City Council (Respondent) Representation: Solicitor: Mr M Sonter, Mills Oakley (Applicant) Ms V McGrath, Norton Rose Fulbright Australia (Respondent) File Number(s): 2017/145480 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 rely on the following amended plans: Plan Revision Date SITE ANALISYS A1002 SE34_02 SE 34_02 11.09.2017 PLAN: BASEMENT -2 A2201 SE34_02 SE 34_02 11.09.2017 PLAN: BASEMENT -1 A2202 SE34_02 SE 34_02 11.09.2017 PLAN: GROUND A2203 SE34_02 SE 34_02 11.09.2017 PLAN: LEVEL 01 A2204 SE34_02 SE 34_02 11.09.2017 PLAN: LEVEL 02 A2205 SE34_02 SE 34_02 11.09.2017 PLAN: LEVEL 03 A2206 SE34_02 SE 34_02 11.09.2017 PLAN: LEVEL 04 A2207 SE34_02 SE 34_02 11.09.2017 PLAN: LEVEL 05 A2208 SE34_02 SE 34_02 11.09.2017 PLAN: LEVEL 06 A2209 SE34_02 SE 34_02 11.09.2017 PLAN: ROOF A2210 SE34_02 SE 34_02 11.09.2017 ELEVATION: WEST A3103 SE34_02 SE 34_02 11.09.2017 ELEVATION: EAST A3104 SE34_02 SE 34_02 11.09.2017 ELEVATION: NORTH A3105 SE34_02 SE 34_02 11.09.2017 ELEVATION: SOUTH A3106 SE34_02 SE 34_02 11.09.2017 SECTION: 01 NORTH-SOUTH A3201 SE34_02 SE 34_02 11.09.2017 SECTION :02 EAST-WEST A3202 SE34_02 SE 34_02 11.09.2017 FINISHES BOARD A8201 SE34_02 SE 34_02 11.09.2017 1. The application is upheld. 2. Consent is granted to Development Application DA 938/2016 for the demolition of existing buildings and the construction of a 7 storey shop top housing development comprising three ground floor commercial tenancies and thirty nine residential units above with two levels of basement parking at 160-164 Anzac Parade and 4 Bowral Street, Kensington. subject to the conditions of consent in annexure "A". 3. The Clause 4.6 variation prepared by HDC Planning, dated September 2017 in relation to the height of building development standard contained in clause 4.3 of the Randwick Local Environmental Plan 2012 is upheld. 4. The Applicant pay the Respondent's s97B costs in the sum of $5,800 within 28 days from the date of this Order. ………………………. Commissioner Chilcott Annexure A (479 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: 22 September 2017