Land and Environment Court New South Wales Medium Neutral Citation: Parker Logan Property Pty Ltd v Kiama Municipal Council [2017] NSWLEC 1630 Hearing dates: Conciliation conference on 4 and 30 October 2017 Date of orders: 09 November 2017 Decision date: 09 November 2017 Jurisdiction: Class 1 Before: Smithson 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: Parker Logan Property Pty Ltd (Applicant) Kiama Municipal Council (Respondent) Representation: Solicitors: Mr A Boskovitz, Boskovitz and Associates Lawyer (Applicant) Ms O Yeatman, RMB Lawyers (Respondent) File Number(s): 2017/177605 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 rely on the following amended plans: Plan Title Author/Drawn By Plan Reference Dated Ground Floor Plan Nicholas Tang Architects S34 100 Issue B 03.11.17 First Floor Plan Nicholas Tang Architects S34 101 Issue C 03.11.17 Second Floor Plan Nicholas Tang Architects S34 102 Issue C 03.11.17 Roof Plan Nicholas Tang Architects S34 103 Issue C 03.11.17 Elevations Nicholas Tang Architects S34 200 Issue C 03.11.17 Sections Nicholas Tang Architects S34 300 Issue C 03.11.17 Shadow Diagrams March 21 Nicholas Tang Architects S34 400 Issue A 16.10.17 Shadow Diagrams June 21 Nicholas Tang Architects S34 401 Issue A 16.10.17 Shadow Diagrams September 21 Nicholas Tang Architects S34 402 Issue A 16.10.17 Shadow Diagrams December 21 Nicholas Tang Architects S34 403 Issue A 16.10.17 Shadow Elevations June 21 Nicholas Tang Architects S34 410 Issue A 16.10.17 Shadow Elevations June 21 Nicholas Tang Architects S34 411 Issue A 16.10.17 Landscape Concept Plan Nicholas Tang Architects S34 800 Issue A 16.10.17 Landscape Sections Nicholas Tang Architects S34 801 Issue A 16.10.17 1. The appeal is upheld. 2. Development consent is granted to DA10.2017.116.1 for demolition of existing buildings and construction of three-storey mixed use development consisting of ground floor commercial/retail space, 16 shop top dwellings and associated parking on Lot C DP 380582 DP 71530 at 44 Manning Street, Kiama subject to the conditions of consent at Annexure "A". ………………………. Jenny Smithson Commissioner of the Land and Environment Court of NSW Annexure A (C) (346 KB, pdf) Amendments 16 November 2017 - Correction made to representation 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: 16 November 2017