Andorra Developments Pty Ltd v Dubbo City Council

[2018] NSWLEC 1421

Land and Environment Court

New South Wales

Medium Neutral Citation:	Andorra Developments Pty Ltd v Dubbo City Council [2018] NSWLEC 1421
Hearing dates:	Conciliation conference on 12, 13 and 15 June 2018; 12 and 30 July 2018; 6 August 2018
Date of orders:	06 August 2018
Decision date:	06 August 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:	Andorra Developments Pty Ltd (Applicant) Dubbo City Council (1st Respondent) Heritage Council of New South Wales (2nd Respondent)
Representation:	Solicitors: P Vergotis, McCabes Lawyers (Applicant) J Corradini-Bird, Marsdens Law Group (1st Respondent) E Ryan, Department of Planning and Environment (2nd Respondent)
File Number(s):	2017/269324
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 amend Development Application No. 10.2017.199.1 and to rely upon the following amended plans and documents:

Plan No	Name	Revision	Prepared by	Dated
TP01	Title Sheet	J	Geolyse	25/06/18
TP02	Site Locality Plan	J	Geolyse	25/06/18
TP03	Existing Site Layout Plan	J	Geolyse	25/06/18
TP04	Existing Zones Layout Plan	J	Geolyse	25/06/18
TP05	Master Plan	J	Geolyse	25/06/18
TP06	Land Use Master Plan	J	Geolyse	25/06/18
TP07	Master Plan – Pathways	J	Geolyse	25/06/18
TP08	Overall Stormwater Management Plan	J	Geolyse	25/06/18
TP09	Proposed Pathways Plan Stage 2	J	Geolyse	25/06/18
TP10	Heritage Works Plan	J	Geolyse	25/06/18
TP11	Stage 3 Lot Subdivision of Lot 11 in DP1050240	J	Geolyse	25/06/18
TP12	Stage 1 Zone Plan	J	Geolyse	25/06/18
TP13	Stage 1 Aerial Layout Plan	J	Geolyse	25/06/18
TP14	Stage 1 Vegetation Clearing Plan	J	Geolyse	25/06/18
TP15	Stage 2 Twelve Lot Subdivision of Lots 1 & 2 (Stage 1) into Lots 4 to 15	J	Geolyse	25/06/18
TP16	Stage 2 Zone Plan	J	Geolyse	25/06/18
TP17	Stage 2 Twelve Lot Subdivision – Vegetation Retained	J	Geolyse	25/06/18
TP18	Stage 2 Landscaping	J	Geolyse	25/06/18
TP19	Stage 2 Cobra Street Signalised Intersection Layout Plan	J	Geolyse	25/06/18
TP20	Stage 2 Road 1 Roundabout Layout Plan	J	Geolyse	25/06/18
TP21	Palmer Street Roundabout Layout Plan	J	Geolyse	25/06/18
TP22	Stage 2 Typical Road Cross Sections Sheet 1 of 2	J	Geolyse	25/06/18
TP23	Stage 2 Typical Road Cross Sections Sheet 2 of 2	J	Geolyse	25/06/18
TP24	Stage 2 Road 1 Vehicle Sweep Paths	K	Geolyse	18/07/18
TP25	Stage 2 Concept Stormwater Reticulation Plan	J	Geolyse	25/06/18
TP26	Stage 2 Concept Sewer Reticulation Plan	J	Geolyse	25/06/18
TP27	Stage 2 Concept Water Reticulation Plan	J	Geolyse	25/06/18
TP28	Stage 3 Four Lot Community Subdivision of Lot 8 (Stage 2)	J	Geolyse	25/06/18
TP29	Stage 3 – Landscaping	J	Geolyse	25/06/18
TP30	Example of Proposed Heritage and Biodiversity Conservation	J	Geolyse	25/06/18
TP31	Former Dubbo RAAF Base EMZ Landscape Masterplan	V2	Andorra Developments Pty Ltd	June 2018

2. The appeal is upheld.

3. Development consent is granted to Development Application No. 10.2017.199.1 for subdivision of Lot 11 DP 1050240 (Palmer Street, Dubbo) in 5 stages and associated works including dismantling works, earthworks, vegetation clearing and construction of intersections and roads to the condition of consent annexed hereto and marked “A”.

4. The Applicant is to pay the First Respondent’s costs thrown away as a result of the amendments pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed.

……………………….

Susan O’Neill

Commissioner of the Court

Annexure A (469 KB, pdf)

Decision last updated: 13 August 2018