JT Consulting Services Pty Ltd v Wollondilly Shire Council

[2016] NSWLEC 1564

Land and Environment Court

New South Wales

Medium Neutral Citation:	JT Consulting Services Pty Ltd v Wollondilly Shire Council [2016] NSWLEC 1564
Hearing dates:	Conciliation conference on 21 July 2016
Date of orders:	29 November 2016
Decision date:	29 November 2016
Jurisdiction:	Class 1
Before:	O’Neill 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:	JT Consulting Services (Applicant) Wollondilly Shire Council (Respondent)
Representation:	Counsel: Ms A. Hemmings barrister.(Applicant) Mr A. Bradbury solicitor (Respondent)   Solicitors: Thompson Geer Lawyers (Applicant) Bradley Allen Love Lawyers (Respondent)
File Number(s):	2016/155728

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 were made on the date recorded on those orders. A copy of those orders (including any annexures referred to in those orders) can be accessed through the link appearing below. The date of the orders appears on the first page of the orders.

1. The Applicant is granted leave to rely on the amended plans identified in Condition 1 of Annexure ‘A’.

2. The appeal is upheld.

3. Development Application No. D525-05 for alterations and additions to existing commercial building, to create five (5) ground level shops, six (6) units of shop-top housing dwellings over new shops, car parking and landscaped area at the southern end of the site at Lot 1 in DP 1005423, Lot 11 in DP 535032, Lot 12 in DP 536558 and Lot 13 in DP 537192, Menangle Street and 55-57 Menangle Street, Picton is approved subject to the conditions contained in Annexure ‘A’.

4. The Applicant is to pay the Respondent’s costs pursuant to s.97B of the Environmental Planning and Assessment Act 1979 in the sum of $15,000.00 within 28 days.

……………..........

Commissioner O’Neill

155728.16 O'Neill (C) (362 KB, pdf)

155728.16 O'Neill - 16040-C-Issue 'B' (121 KB, pdf)

155728.16 O'Neill - 161021 A03 ELEVATIONS (G) stamped (3.65 MB, pdf)

155728.16 O'Neill - 161104 A02 FIRST FLOOR PLAN (G) stamped (1.90 MB, pdf)

155728.16 O'Neill - 161104 A07 SECTIONS WINDOW SCHEDULE AND BASIX COMMITMENTS (D) stamped (1.69 MB, pdf)

155728.16 O'Neill - A01 GROUND FLOOR PLAN (F) stamped (1.85 MB, pdf)

155728.16 O'Neill - Plans - PictonNAB_311016_E (912 KB, pdf)