Land and Environment Court New South Wales Medium Neutral Citation: Peter Baker v Randwick City Council [2018] NSWLEC 1153 Hearing dates: Conciliation conference on 28 March 2018 Date of orders: 28 March 2018 Decision date: 28 March 2018 Jurisdiction: Class 1 Before: Walsh 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: Peter Baker (Applicant) Randwick City Council (Respondent) Representation: Solicitors: Mr Gordon Hartley, Hartley Solicitors (Applicant) Ms Peta Hudson, Marsdens Law Group (Respondent) File Number(s): 2017/315151 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 and rely on the following amended plans: Plan Drawn by Dated Site Analysis Plan DA.00A GJC 20/2/18 Ground Floor Plan DA.01A GJC 20/2/18 First floor Plan DA.02A GJC 20/2/18 Proposed New Roof Attic Level Plan DA.03A GJC 20/2/18 Proposed New Roof Plan DA.04A GJC 20/2/18 Proposed North & South Elevations DA.06A GJC 20/2/18 Proposed East & West Elevations DA.07B GJC 20/2/18 Proposed Section AA GJC 20/2/18 BASIX Certificate No. A280994_02 Dated 22/3/18 1. The Appeal is upheld. 2. Development Application No. 308/2017 for alterations and additions to an existing dwelling house including second floor (third level) additions to the existing dwelling, first floor additions to an existing garage, new lift within the proposed dwelling, elevated walkway between the first floor of the dwelling and the new first floor of the garage and an external staircase to the garage, on the land at 130 Ferguson Street, Randwick (Lot 2 in DP 556324), is approved subject to the conditions in Annexure A. 3. No orders as to costs. ………………………. Peter Walsh Commissioner of the Court 315151.17 Annexure A (C) 315151.17 Annexure B (Plans) Amendments 29 March 2018 - Date of Orders and Date of Decision amended to reflect orders being made as per the conciliation conference of 28 March 2018. 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: 29 March 2018