Anglican Community Services trading as Anglicare v Cumberland Council

[2018] NSWLEC 1577

Land and Environment Court

New South Wales

Medium Neutral Citation:	Anglican Community Services trading as Anglicare v Cumberland Council [2018] NSWLEC 1577
Hearing dates:	Conciliation conference on 12 & 27 September 2018
Date of orders:	30 October 2018
Decision date:	30 October 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:	Anglican Community Services trading as Anglicare (Applicant) Cumberland Council (Respondent)
Representation:	Solicitors: V McGrath, Norton Rose Fulbright (Applicant) J McCullan, Marsdens Law Group (Respondent)
File Number(s):	2018/83967
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 the development application and to rely on the following plans:

1. Architectural Plans by 4D Architecture & Design:

1. A001 Site / Roof Plan Revision D dated 26/09/18;

2. A002 Basement Plan Revision C dated 19/09/18;

3. A003 Ground Floor Plan Revision D dated 26/09/18;

4. A004 Level 1 Plan Revision E dated 04/10/18;

5. A005 Level 2 Plan Revision E dated 04/10/18;

6. A010 Elevations Revision D dated 26/09/18;

7. A011 Elevations Revision E dated 04/10/18;

8. A020 Sections Revision D dated 26/09/18;

9. A040 Door & Window Schedule Revision C dated 04/10/18;

10. A050 Finishes Schedule Revision C dated 26/09/18;

11. A100 Driveway/Ramp Section 1:50 Revision A dated 19/09/18; and

2. Landscaping Plans by NBRS Architecture:

1. Landscape Plan - Ground Floor drawing 16481-LDA01-D dated 4 October 2018;

2. Planting Palette and Schedule drawing 16481-LDA02-D dated 4 October 2018;

3. Landscape Details drawing 16481-LDA03-D dated 4 October 2018; and

3. Stormwater plans by Cardno (NSW/ACT) Pty Limited:

1. General Notes drawing 80817132-CI-1001 rev 4 dated 19 September 2018;

2. Site Plan to SW Connection drawing 80817132-CI-1002 rev 6 dated 19 September 2018;

3. Stormwater Plan drawing 80817132-CI-1003 rev 6 dated 19 September 2018;

4. OSD Tank Sections and Details drawing 80817132-CI-1004 rev 5 dated 19 September 2018;

5. Storm Water Details drawing 80817132-CI-1005 rev 4 dated 1 August 2018;

6. Long Section Through Easement Pipe drawing 80817132-CI-1006 rev 4 dated 1 August 2018;

7. Erosion and Sedimentation Control Plan and Details drawing 80817132-CI-1007 rev 4 dated 19 September 2018;

8. Basement Drainage Layout and Details drawing 80817132-CI-1008 rev 2 dated 19 September 2018.

2. The Appeal is upheld.

3. Development Application No. 2017/564 for the demolition of existing structures and construction of a three storey boarding house over basement parking accommodating 35 single rooms (including a manager’s accommodation), 8 car parking spaces and 7 motorcycle spaces at 73 Hawkesbury Road, Westmead is approved, subject to the schedule of conditions set out in Annexure “A”.

……………………….

P Walsh

Commissioner of the Court

Annexure A (201 KB, pdf)

Architectural Plans (3.85 MB, pdf)

Landscaping plans (1.80 MB, pdf)