Deluxe Project Group Pty Ltd v Wingecarribee Shire Council

Case •

[2019] NSWLEC 1006

•

10 January 2019

No judgment structure available for this case.

Land and Environment Court


New South Wales

Medium Neutral Citation: Deluxe Project Group Pty Ltd v Wingecarribee Shire Council [2019] NSWLEC 1006
Hearing dates: Conciliation conference on 21 December 2018
Date of orders: 10 January 2019
Decision date: 10 January 2019
Jurisdiction:Class 1
Before: Walsh C
Decision:

See orders at [9] below

Catchwords: DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; approving a seniors housing development
Legislation Cited: Environmental Planning and Assessment Act 1979
Land and Environment Court Act 1979
State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004
Wingecarribee Local Environmental Plan 2010
Category:Principal judgment
Parties: Deluxe Project Group Pty Ltd (Applicant)
Wingecarribee Shire Council (Respondent)
Representation: Solicitors:
S Patterson, Wilshire Webb Staunton Beattie (Applicant)
C Shaw, Shaw Reynolds Lawyers (Respondent)
File Number(s): 2017/384798
Publication restriction: No

Judgment

  1. COMMISSIONER: These proceedings, brought under Class 1 of the Court’s jurisdiction, are an appeal under s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against the Respondent’s refusal of development application No. 17/0900 (DA), for demolition of existing structures and construction of a seniors housing development. The site is comprised of three (3) lots: 84-86 Kangaloon Road, Bowral – Lots 1 & 2 DP 1215051; and 2 Cypress Parade, Bowral – Lot 24 DP 83917.

  2. It is noteworthy that this seniors housing proposal is directly permissible under the provisions of Wingecarribee Local Environmental Plan 2010 (LEP), and consent is sought under this instrument rather than State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004.

  3. The Court arranged a conciliation conference under s 34(1) of the Land and Environment Court Act 1979 (LEC Act) between the parties, which was held on 21 December 2018. I presided over the conciliation conference.

  4. At the conciliation conference, the parties provided to the Court an agreement as to the terms of a decision in the proceedings that would be acceptable to the parties. This decision involved the Court granting leave to the Applicant to amend the application (satisfying the Respondent’s concerns) and upholding the appeal; and granting development consent to the DA subject to conditions.

  5. Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties’ decision if the parties’ decision is a decision that the Court could have made in the proper exercise of its functions.

  6. The parties’ decision involves the Court exercising the functions of the consent authority under s 4.16(1)(a) of the EPA Act to the DA. The parties identified the jurisdictional prerequisites of relevance in these proceedings explaining that all had been satisfied. I note that the amended application complies with the relevant provisions of the LEP, and without need for recourse to cl 4.6 (concerned with exceptions to development standards).

  7. I am satisfied that the parties’ decision is one that the Court could have made in the proper exercise of its functions, as required by s 34(3) of the LEC Act.

  8. As the parties’ decision is a decision that the Court could have made in the proper exercise of its functions, I am required under s 34(3) of the LEC Act to dispose of the proceedings in accordance with the parties’ decision.

  9. The Court orders:

  1. The Applicant is granted leave to amend the development application by substituting the following plans and documentation as the plans and documentation relied upon for the purpose of the development application:

Plans

Revision

Prepared By

Dated

Architectural Plans

DA1001 Context/Site Plan

Issue C

Urban Link

11/07/18

DA1002 Locality Map

Issue C

Urban Link

11/07/18

DA2001 Ground Floor Plan

Issue D

Urban Link

11/07/18

DA2002 First Floor Plan

Issue D

Urban Link

11/07/18

DA2003 Traffic – Cars Inbound

Issue C

Urban Link

11/07/18

DA2004 Traffic – Cars Outbound

Issue C

Urban Link

11/07/18

DA2005 Traffic – 10m Truck

Issue C

Urban Link

11/07/18

DA2007 Street Elevations

Issue D

Urban Link

11/07/18

DA2008 Street Elevations (no trees)

Issue D

Urban Link

11/07/18

DA2009 Ground Plan (piered const.)

Issue D

Urban Link

11/07/18

DA2101 Unit 1

Issue A

Urban Link

11/07/18

DA2102 Unit 2

Issue A

Urban Link

11/07/18

DA2103 Unit 3

Issue A

Urban Link

11/07/18

DA2104 Unit 4

Issue A

Urban Link

11/07/18

DA2105 Unit 5

Issue A

Urban Link

11/07/18

DA2106 Unit 6

Issue A

Urban Link

11/07/18

DA2107 Unit 7

Issue A

Urban Link

11/07/18

DA2108 Unit 8

Issue A

Urban Link

11/07/18

DA2109 Unit 9

Issue A

Urban Link

11/07/18

DA2110 Unit 10

Issue A

Urban Link

11/07/18

DA2111 Unit 11

Issue A

Urban Link

11/07/18

DA2112 Unit 12

Issue A

Urban Link

11/07/18

DA2113 Unit 13

Issue A

Urban Link

11/07/18

DA2114 Unit 14

Issue A

Urban Link

11/07/18

DA2115 Unit 15

Issue A

Urban Link

11/07/18

DA2116 Unit 16

Issue A

Urban Link

11/07/18

DA2117 Unit 17

Issue A

Urban Link

11/07/18

DA2118 Unit 18

Issue A

Urban Link

11/07/18

DA2119 Slab Hut - Detail

Issue A

Urban Link

11/07/18

DA4001 Site Cross Sections

Issue A

Urban Link

11/07/18

Stormwater Plans

D1 Site and Ground Floor Stormwater Drainage Plan

B

LMW Design Group

10/07/18

D2 Stormwater Drainage Details and Calculations

A

LMW Design Group

09/07/18

D3 First Floor Stormwater Drainage Plan

A

LMW Design Group

09/07/18

D4 Music Model Inputs and Results

A

LMW Design Group

09/07/18

Engineering Plans

D1 Site Management Plan – Demolition and Excavation

A

LMW Design Group

09/07/18

D2 Site Management Plan – Construction Stage

A

LMW Design Group

09/07/18

Landscape Plans

LA00 Cover Sheet

Rev AA

TaylorBrammer

11/07/18

LA01 Landscape Concept Plan

Rev AA

TaylorBrammer

11/07/18

LA02 Tree Retention and Removal Plan

Rev AA

TaylorBrammer

11/07/18

LA03 Landscape Planting Plan

Rev AA

TaylorBrammer

11/07/18

LA04 Section A-A

Rev AA

TaylorBrammer

11/07/18

Supporting Documents

Prepared By

Dated

Basix Certificate Number: 947792M

GAT and Associates

31/07/18

Nationwide House Energy Rating Scheme Certificate Number: 0003019676 and 0003020250

GAT and Associates

31/07/18

Arborist Report

Summit Tree Services

12/07/18

Water and Sewer Modelling Report

Urban Water Solutions

09/07/18

Heritage Impact Statement

Urbis

10/07/18

Disability Access Report – DRAFT

Access Solutions

11/07/18

Performance Solution – doorway circulation space

Access Solutions

11/07/18

Overland Flood Study and Flood Impact Report

Alpha Engineering and Development

11/07/18

Water Cycle Management Study

LMW Design Group Pty Ltd

10/08/18

  1. Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), the applicant is to pay the respondent’s costs in the amount of $8,200, inclusive of GST, to be paid on exchange of this agreement.

  2. The appeal is upheld.

  3. Development consent is granted to Development Application No. DA 17/0900 for the demolition of existing two dwellings and construction of a proposed seniors living development of 18 dwellings, subject to the conditions of consent annexed hereto and marked “A”.

…………………………..

P Walsh

Commissioner of the Court

Annexure A

Architectural Plans

Landscape Plans

**********

Decision last updated: 11 January 2019

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