Corbett Constructions Pty Ltd v Wollondilly Shire Council

[2018] NSWLEC 1558

Land and Environment Court

New South Wales

Medium Neutral Citation:	Corbett Constructions Pty Ltd v Wollondilly Shire Council [2018] NSWLEC 1558
Hearing dates:	Conciliation conference on 7 March & 15 October 2018
Date of orders:	19 October 2018
Decision date:	19 October 2018
Jurisdiction:	Class 1
Before:	Dickson C
Decision:	See [5] below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Corbett Constructions Pty Ltd (Applicant) Wollondilly Shire Council (Respondent)
Representation:	Solicitor: C Zoppo, Lindsay Taylor Lawyers (Respondent) Other: Mr Corbett, litigant in person (Applicant)
File Number(s):	2017/172377
Publication restriction:	No

Judgment

1. COMMISSIONER: In this matter the applicant, Corbett Constructions Pty Ltd appeals the deemed refusal of their development application by Wollondilly Shire Council. The application seeks approval for demolition of existing buildings, lot amalgamation, construction and the strata subdivision of two residential flat buildings (26 units), 32 townhouse/ terraced row houses and three new cottages. The development also encompasses car parking, road construction, stormwater and landscape works. The development is proposed at 91-103 Menagle Street, Picton.

2. 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”.

3. 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.

4. 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.

5. 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. DD010.2016.00000472.001 in accordance with the plans and documents specified in Condition 1 of Annexure ‘A’.

2. Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent’s costs thrown away as a result of the amendment of the Development Application in accordance with Order (1) as agreed or assessed.

3. The Appeal is upheld.

4. Consent is granted to Development Application No. DD010.2016.00000472.001 for the demolition of existing buildings, amalgamation of Lots 1 & 2 DP559292, Lots 18 & 19 DP1065519, Lot 1 DP 81348, and Lots 22 & 23 DP586861 and the Torrens title subdivision of the amalgamated lots into two lots, construction and strata subdivision of two residential flat buildings containing 26 units, 32 townhouses/ terraced row housing and 3 cottages including 78 residential car parking spaces, associated road construction, stormwater drainage works, and landscaping in accordance with the conditions in Annexure ‘A’.

……………………….

D Dickson

Commissioner of the Court

Annexure A (352 KB, pdf)

Letter of Offer - VPA (signed) (98.6 KB, pdf)

Site Plan (573 KB, pdf)