Cove Residential Pty Ltd v Wollondilly Shire Council

[2017] NSWLEC 1646

Land and Environment Court

New South Wales

Medium Neutral Citation:	Cove Residential Pty Ltd v Wollondilly Shire Council [2017] NSWLEC 1646
Hearing dates:	Conciliation conference on 8 August, 10 & 27 October 2017
Date of orders:	13 November 2017
Decision date:	13 November 2017
Jurisdiction:	Class 1
Before:	Maston 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:	Cove Residential Pty Ltd (Applicant) Wollondilly Shire Council (Respondent)
Representation:	Solicitor: Ms M Peatman, Hunt & Hunt (Applicant) (Respondent)
File Number(s):	2017/82976
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 s34(3) of the Land and Environment Court Act 1979 are:

1. The Applicant is granted leave to amend the development application and rely upon the following amended plans, contained at Annexure "A":

Job No.	Plan Title	Dwg No.	Revision	Date
15340/207	Plan of Proposed Subdivision	1 of 1	01	11/07/2017
15340	Plan Of Proposed Pathway, Landscaping And Facilities	1 of 1	07	18/08/2017
15340	Demolition Plan	02	11/07/2017
15340/207	Envelope Plan	1 of 1	01	11/07/2017
15340	Plan Index	1 of 24	02	18/08/2017
15340	Proposed Civil Works 1	2 of 24	01	18/08/2017
15340	Proposed Civil Works 2	3 of 24	01	18/08/2017
15340	Road Details 1	4 of 24	01	18/08/2017
15340	Road Details 2	5 of 24	01	18/08/2017
15340	Cut and Fill Depth Plan	6 of 24	01	18/08/2017
15340	Road Longsections – Torulosa & Wintle Road	7 of 24	00	19/02/2016
15340	Road Longsections – Road 1 and Road 2	8 of 24	01	18/08/2017
15340	Road Longsections – Neki Road	9 of 24	01	18/08/2017
15340	Road Cross Sections – Road 1	10 of 24	01	18/08/2017
15340	Road Cross Sections – Road 2	11 of 24	00	19/02/2016
15340	Road Cross Sections – Torulosa Road	12 of 24	00	19/02/2016
15340	Road Cross Sections – Wintle Road	13 of 24	00	19/02/2016
15340	Road Cross Sections – Neki Road 1	14 of 24	01	18/08/2017
15340	Road Cross Sections – Neki Road 2	15 of 24	01	18/08/2017
15340	Road Cross Sections – Neki Road 3	16 of 24	01	18/08/2017
15340	Road Cross Sections – Neki Road 4 & Typical sections	17 of 24	01	18/08/2017
15340	Sedimentation and Erosion Control Plan 1	18 of 24	01	18/08/2017
15340	Sedimentation and Erosion Control Plan 2	19 of 24	02	18/08/2017
15340	Lot calculation & Tree Planting & Line Marking 1	20 of 24	01	18/08/2017
15340	Lot calculation & Tree Planting & Line Marking 2	21 of 24	01	18/08/2017
15340	Existing Structures & Services Plan 1	22 of 24	02	18/08/2017
15340	Existing Structures & Services Plan 2	23 of 24	01	18/08/2017
15340	Retaining Wall Detail	24 of 24	00	18/08/2017

2. The appeal in respect of Lot: 1 DP: 1215738, Lot 601 DP 735032, and Lot: 121 DP: 1187365, being 790 and 780 Montpelier Drive, and 12 Emmaline Avenue The Oaks, is upheld.

3. Development Application DA 430/2016 for the proposed subdivision into 74 lots with new roads, associated works, and demolition of structures, is approved subject to conditions contained in Annexure "B".

4. The Applicant is pay the Respondent's costs thrown away by reason of the amended plans pursuant to section 97B of the Environmental Planning and Assessment at 1979 in the amount of $5,000.00 within 28 days.

……………………….

Acting Commissioner Maston

82976.17 Maston - Annexure A (8.11 MB, pdf)

82976.17 Maston - Annexure B (393 KB, pdf)