Land and Environment Court New South Wales Medium Neutral Citation: Krigstein v Randwick City Council [2018] NSWLEC 1515 Hearing dates: Conciliation conference on 6 September 2018 Date of orders: 28 September 2018 Decision date: 28 September 2018 Jurisdiction: Class 1 Before: O'Neill 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: Warwick Krigstein (Applicant) Randwick City Council (Respondent) Representation: Counsel: J Johnson (Applicant) Solicitors: Madison Marcus Law Firm (Applicant) S Patterson, Wilshire Webb Staunton Beattie (Respondent) File Number(s): 2018/76389 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 s 34(3) of the Land and Environment Court Act 1979 are: 1. The Applicant is granted leave to rely on the following amended plans and documents: Drawing Drawn by Dated "Site Plan" Drawing No. 01, Revision D ECOFACTOR 13.09.18 "Floor Plans" Drawing No. 02, Revision D ECOFACTOR 13.09.18 "Elevations & Fence Detail" Drawing No. 03, Revision D ECOFACTOR 13.09.18 "Street Ele, Section & Subdivision Plan" Drawing No. 04, Revision D ECOFACTOR 13.09.18 1. The Appeal is upheld. 2. Conditions 2(a) and 2(e) of Development Consent DA/477/2017 approved on 28 November 2017 are deleted. 3. Development Application DA/477/2017 for development described as "demolition of the existing building and the construction of an attached dual occupancy development including Torrens Title subdivision" is approved subject to the amended conditions of consent annexed hereto and marked "A". 4. Each party is to pay their own costs of the proceedings. ………………………. Susan O'Neill Commissioner of the Court Annexure A (310 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: 02 October 2018