Gwydir Holdings Pty Ltd v Campbelltown Council

[2016] NSWLEC 1546

Land and Environment Court

New South Wales

Medium Neutral Citation:

Gwydir Holdings Pty Ltd v Campbelltown Council [2016] NSWLEC 1546

Hearing dates:

Conciliation conference on 28 October 2016

Date of orders:

21 November 2016

Decision date:

21 November 2016

Jurisdiction:

Class 1

Before:

Morris 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:

Gwydir Holdings Pty Ltd (Applicant)
Campbelltown Council (Respondent)

Representation:

Counsel:
Dr J Smith (Applicant)

 

Solicitors:

  Mr A Seton
Marsdens Law Group (Respondent)

File Number(s):

213119/2016

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, 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 given 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:

Drawing Title	Drawing No.	Revision	Prepared by	Dated
Cover Page/ Site Analysis/ Site Calculation	DA100	E	Michael Kitmiridis Architect	8 November 2016
Site Plan/ Roof Plan/ GFA Calculations	DA101	E	Michael Kitmiridis Architect	8 November 2016
Ground Level/ Demolition Plan	DA102	E	Michael Kitmiridis Architect	8 November 2016
First Level	DA103	E	Michael Kitmiridis Architect	8 November 2016
Typical Room Layout/ Construction Management Plan	DA 104	E	Michael Kitmiridis Architect	8 November 2016
Elevations/ Schedule of External Finishes/ Windows & Doors Schedule	DA105	E	Michael Kitmiridis Architect	8 November 2016
Shadow Diagrams	DA106	E	Michael Kitmiridis Architect	8 November 2016
Front Fence Details	DA107	E	Michael Kitmiridis Architect	8 November 2016
Perspectives	DA108	E	Michael Kitmiridis Architect	8 November 2016
Sections	DA109	E	Michael Kitmiridis Architect	8 November 2016
Solar Access to Common Room from 9AM to 12 Noon – 21st June	DA110	E	Michael Kitmiridis Architect	8 November 2016
Solar Access to Common Room from 1PM to 3PM – 21st June	DA111	E	Michael Kitmiridis Architect	8 November 2016
Surrounding Views	DA113	C	Michael Kitmiridis Architect	October 2016
Landscape Plan	L101	E	QTN Landscape	11/16

2. The appeal is upheld.

3. Development Application No. 3552/2015/DA-BH for the demolition of existing structures and construction of a 2 storey boarding house containing 14 rooms (12x single rooms and 2x double rooms) 3 car parking spaces, 4 bicycle spaces and 3 motorcycle parking spaces, common open space, tree removal and associated landscaping on Lot 18A in Deposited Plan 389816 (known as 38 Parliament Road, Macquarie Fields), is approved subject to the conditions of consent contained in Annexure “A” hereto.

…………….

Sue Morris

Commissioner

213119.2016 (C) Annexure A (2.77 MB, pdf)

213119.16 Morris - Plans E13 (591 KB, pdf)

213119.16 Morris - Plans (5.26 MB, pdf)