HBU Projects No 2 Pty Ltd v Lake Macquarie City Council
[2018] NSWLEC 1450
•21 August 2018
Land and Environment Court
New South Wales
Medium Neutral Citation: HBU Projects No 2 Pty Ltd v Lake Macquarie City Council [2018] NSWLEC 1450 Hearing dates: Conciliation conference on 7, 14 and 28 June 2018; 30 July 2018 Date of orders: 21 August 2018 Decision date: 21 August 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 1979Category: Principal judgment Parties: HBU Projects No 2 Pty Ltd (Applicant)
Lake Macquarie City Council (Respondent)Representation: Solicitors:
G Long, Long Legal (Applicant)
S Lucy, Lake Macquarie City Council (Respondent)
File Number(s): 2018/75929 Publication restriction: No
Judgment
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COMMISSIONER: This is an appeal by HBU Projects No 2 Pty Ltd against the actual refusal by Lake Macquarie City Council of DA/1582/2017 for proposed multi-dwelling housing at 37 Wilsons Road, Mount Hutton (Lot 103 DP 1076796).
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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”.
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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.
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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.
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The final orders to give effect to the parties’ agreement under s 34(3) of the Land and Environment Court Act 1979 are:
The Applicant be granted leave to rely upon the following amended plans:
Plan
Drawing
Revision
Date
1.1
Architectural Plans
2.08.2018
(a)
Cover sheet
DA-001
J
(b)
Roof Analysis Plan
DA-001
J
(c)
Lot Plan
DA-100
J
(d)
Ground Floor Site Plan
DA-101
J
(e)
First Floor Site Plan
DA-102
J
(f)
Elevations
DA-201
J
DA-202
J
DA-203
J
(g)
Unit 01-03 Plans
DA-104
J
(h)
Unit 01-03 Elevations
DA-402
J
(i)
Unit 01-03 Section
DA-402
J
(j)
Unit 04-03 Plans
DA-404
J
(k)
Unit 04-06 Elevations
DA-405
J
(l)
Unit 04-06 Sections
DA-406
J
(m)
Unit 07 Plans
DA-407
J
(n)
Unit 07 Elevations and Section
DA-408
J
(o)
Sun Diagrams
DA-500
J
(p)
Materials Selection
DA-501
J
DA-502
J
1.2
Landscape Plans
8.08.2018
(a)
Cover Sheet
L000
K
(b)
Landscape Plan
L301
K
(c)
Landscape Details
L401
G
(d)
Indicative Plant Schedule
L501
H
1.3 (a)
Sedimentation and Erosion Control Plan
C01
8
7.08.2018
(b)
Sedimentation and Erosion Control Details
C02
5
1.4 (a)
Stormwater Plan
C03
8
7.08.2018
(b)
Stormwater Details
C04
5
1.5 (a)
Turning Path Entry Plan Sheet 1
T01
3
7.08.2018
(b)
Turning Path Entry Plan Sheet 2
T02
3
(c)
Turning Path Entry Plan Sheet 3
T03
3
(d)
Turning Path Exit Plan Sheet 1
T04
3
(e)
Turning Path Exit Plan Sheet 2
T05
3
(f)
Turning Path Exit Plan Sheet 3
T06
3
The Applicant pay the Respondent’s costs pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed in the sum of $5,000 within 30 days from the date of these Orders.
The appeal be upheld.
Development consent be granted to DA/1582/2017, as amended, for multi-dwelling housing at Lot 103 DP 1076796, 37 Wilsons Road, Mount Hutton subject to the conditions set out in Annexure A.
……………………….
D M Dickson
Commissioner of the Court
Annexure A (63.2 KB, pdf)
Decision last updated: 27 August 2018
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