Background
EACT Pty Ltd appealed to the Land and Environment Court against Randwick City Council’s deemed refusal of DA/1456/2025. The application concerned demolition, removal of six trees, and a residential flat building at 74 St Marks Road, Randwick.
The Court convened a statutory conciliation conference, which was adjourned several times while revised material was prepared. The parties ultimately agreed to amended plans for a five-storey building containing nine apartments, two basement parking levels with 13 spaces, and landscaping works.
The Court’s Holding
Acting Commissioner Creagh upheld the appeal and granted development consent for the amended proposal, subject to the conditions in Annexure A. The Court also ordered EACT to pay the Council $10,500 in agreed costs thrown away by the amendments, within 28 days.
The Commissioner found that the signed agreement satisfied the requirements for a conciliated outcome under s 34(3) of the Land and Environment Court Act 1979 (NSW). Having considered the jurisdictional statement and supporting material, the Commissioner was satisfied that the agreed consent was a decision the Court could properly make.
Key Takeaways
- A signed s 34 agreement can require the Court to dispose of a planning appeal in accordance with the parties’ agreed decision, provided the statutory tests are met.
- The Court approved the amended five-storey, nine-apartment proposal subject to conditions.
- The applicant was required to pay agreed costs caused by amendments to the development application.
Why It Matters
The decision illustrates the role of conciliation in NSW Class 1 planning appeals: once the parties reach a supported agreement, the Court must still be satisfied that the proposed consent is legally available before making orders.
The Commissioner did not independently determine the discretionary merits originally in dispute. The orders gave effect to the parties’ agreed amended scheme after the statutory prerequisites were established.