Landco (NSW) Pty Ltd v Camden Council

[2018] NSWLEC 1252

Land and Environment Court

New South Wales

Medium Neutral Citation:	Landco (NSW) Pty Ltd v Camden Council [2018] NSWLEC 1252
Hearing dates:	Conciliation conference on 8 & 23 May 2018
Date of orders:	25 May 2018
Decision date:	25 May 2018
Jurisdiction:	Class 1
Before:	Gray C
Decision:	See [5] below
Catchwords:	DEVELOPMENT APPLICATION – multi-dwelling housing - conciliation conference - agreement between the parties - orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Landco (NSW) Pty Ltd (Applicant) Camden Council (Respondent)
Representation:	Solicitors: A Gadiel, Mills Oakley (Applicant) C Rose, Swaab Attorneys (Respondent)
File Number(s):	2017/340169
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal by Landco (NSW) Pty Ltd against the refusal by Camden Council on 12 May 2017 of development application 2016/612/1 for the construction of five new attached townhouses with car-parking, and their subdivision; new driveway crossing; and associated landscape, service connections and stormwater works.

2. 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”.

3. 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.

4. 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.

5. 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 Development Application No. DA-17-01094 and to rely upon the following amended plans:

Plan Reference/ Drawing No.	Name of Plan	Prepared by	Date
DA-0-001 Rev F	Cover Sheet	Dickson Rothschild	14 March 2018
DA-0-002 Rev F	Project Summary	Dickson Rothschild	14 March 2018
DA-0-101 Rev D	Site Location Map	Dickson Rothschild	14 March 2018
DA-0-102 Rev D	Site Subdivision Plan	Dickson Rothschild	14 March 2018
DA-0-111 Rev E	Site Plan	Dickson Rothschild	14 March 2018
DA-0-211 Rev E	Ground Floor Plan	Dickson Rothschild	14 March 2018
DA-0-212 Rev E	Level 1 Floor Plan	Dickson Rothschild	14 March 2018
DA-0-213 Rev E	Roof Plan	Dickson Rothschild	14 March 2018
DA-0-231 Rev A	Ground Floor RCP Plan	Dickson Rothschild	14 March 2018
DA-0-232 Rev A	Level 1 RCP Plan	Dickson Rothschild	14 March 2018
DA-0-301 Rev E	North & West Elevations	Dickson Rothschild	14 March 2018
DA-0-302 Rev E	South & East Elevations	Dickson Rothschild	14 March 2018
DA-0-303 Rev E	Inner East & Inner West Elevations	Dickson Rothschild	14 March 2018
DA-0-401 Rev E	Sections AA, BB	Dickson Rothschild	14 March 2018
DA-0-601 Rev A	Indicative Fence Section Detail & Roof Detail	Dickson Rothschild	14 March 2018
DA-0-920 Rev B	POS Plan	Dickson Rothschild	14 March 2018
DA-0-941 Rev C	Finishes Schedule	Dickson Rothschild	14 March 2018
DA-0-951 Rev E	Shadow Analysis - Sheet 1	Dickson Rothschild	14 March 2018
DA-0-952 Rev E	Shadow Analysis - Sheet 2	Dickson Rothschild	14 March 2018
DA-0-953 Rev E	Shadow Analysis - Sheet 3	Dickson Rothschild	14 March 2018
DA-0-954 Rev B	Shadow Analysis - Sheet 4	Dickson Rothschild	14 March 2018
DA-0-955 Rev A	Shadow Study - Sheet 1	Dickson Rothschild	14 March 2018
DA-0-956 Rev A	Shadow Study - Sheet 2	Dickson Rothschild	14 March 2018
DA-0-957 Rev A	Shadow Study - Sheet 3	Dickson Rothschild	14 March 2018
DA-0-958 Rev A	Shadow Study - Sheet 4	Dickson Rothschild	14 March 2018
DA-0-959 Rev A	Shadow Study - Sheet 5	Dickson Rothschild	14 March 2018
DA-0-960 Rev A	Shadow Study - Sheet 6	Dickson Rothschild	14 March 2018
DA-0-961 Rev A	49 Manooka Road - Shadow Analysis	Dickson Rothschild	14 March 2018
DA-0-971 Rev B	Visualisations 1	Dickson Rothschild	14 March 2018
DA-0-972 Rev B	Visualisations 2	Dickson Rothschild	14 March 2018
000 Issue D	Cover Sheet	Site Image	14 March 2018
101 Issue D	Landscape Plan	Site Image	14 March 2018
80215043-115-Cl-1001 Rev 4	Title Sheet, Drawing List and Locality Plan	Cardno	23 April 2018
80215043-115-Cl-1002 Rev 4	Notes and Legends	Cardno	23 April 2018
80215043-115-Cl-1011 Rev 4	General Arrangement Plan	Cardno	23 April 2018
80215043-115-Cl-1201 Rev 4	Sediment and Erosion Control Plan and Details	Cardno	23 April 2018
80215043-115-Cl-1301 Rev 4	Siteworks Plan	Cardno	23 April 2018
80215043-155-Cl-1350 Rev 1	Siteworks Details	Cardo	16 May 2018
80215043-115-Cl-1401 Rev 4	Stormwater Longsections and Drainage Data Table	Cardno	23 April 2018
80215043-115-Cl-1501 Rev 4	Catchment Plan	Cardno	23 April 2018
BASIX Certificate 878747M_02	Efficient Living	24 April 2018
Thermal Comfort & BASIX Assessment	Efficient Living	24 April 2018
Waste Management Plan	Landco (NSW) Pty Ltd	23 April 2018
Bushfire Hazard Assessment Report	Building Code & Bushfire Hazard Solutions Pty Limited	15 December 2017

2. The appeal is upheld.

3. Development application 2016/612/1 for the construction of five dwellings, Torrens title subdivision and associated site works including landscaping, stormwater drainage, service connections, street tree relocation and modification of an existing public road kerb is approved subject to the conditions contained in Annexure ‘A’

4. Consent is given under section 138 of the Roads Act 1993 to carry out works within Manooka Road and Ascot Drive, subject to the conditions contained in Annexure ‘B’.

5. Pursuant to s.8.15(3) of the Environmental Planning and Assessment Act 1979, the applicant is to pay Council's costs that have been thrown away as a result of the amendment of the application for development consent, agreed in the sum of $1,900, payable within 21 days of the date of this agreement.

……………………….

Joanne Gray

Commissioner of the Court

Annexure A (142 KB, pdf)

Annexure B (28.4 KB, pdf)