Land and Environment Court New South Wales Medium Neutral Citation: MHN Design Union Pty Ltd v Randwick City Council [2018] NSWLEC 1184 Hearing dates: Conciliation conference on 16 February and 12 April 2018 Date of orders: 26 April 2018 Decision date: 26 April 2018 Jurisdiction: Class 1 Before: Dixon SC 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: MHN Design Union Pty Ltd (Applicant) Randwick City Council (Respondent) Representation: Solicitors: Mr David Rod, Spectrum Legal Group (Applicant) Mr Adam Seton, Marsdens Law Group (Respondent) File Number(s): 2017/258991 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 rely on the following documents that are the subject of Development Application No. DA-2750/2015/DA-BH: Plan No. Plan Name Issue Prepared by Date 10.2_J First Floor Plans J MHN Design Union Pty Ltd 29/03/2018 10.3_J Second Floor Plans J MHN Design Union Pty Ltd 29/03/2018 10.4_J Third Floor Plans J MHN Design Union Pty Ltd 29/03/2018 20.6 _G West Elevation G MHN Design Union Pty Ltd 29/03/2018 30.12_B Section E + Louvre Detail B MHN Design Union Pty Ltd 29/03/2018 1. The appeal is upheld. 2. Modification Application No. 189/2016/A to modify Development Consent No. DA-189/2016 granted by the Respondent on 8 November 2016 for the "demolition of existing structures, construction of a part 3/part 4 storey residential flat building containing 11 dwellings, semi-basement car parking for 20 vehicles, landscaping, strata subdivision and associated works (variation to floor space ratio control" at 5-7 Stark Street, Coogee (Lot 1 DP 1234566), by altering the layout of unit 1.01 to create 2 separate 2 bedroom units, and converting the north-facing balconies of units 2.03 and 3.02 to create a study for each unit, is determined by approving the modification as set out in Annexure "A". 3. As a consequence of order (3), Development Consent No. DA-189/2016 is subject to the consolidated, modified conditions of consent as set out in Annexure "B". ………………………. Susan Dixon Senior Commissioner of the Land & Environment Court Annexure A (56.2 KB, pdf) Annexure B (201 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: 26 April 2018