Platinum Property Advisors Pty Ltd v Hornsby Shire Council
[2016] NSWLEC 1575
•02 December 2016
Land and Environment Court
New South Wales
Medium Neutral Citation: Platinum Property Advisors Pty Ltd v HORNSBY SHIRE COUNCIL [2016] NSWLEC 1575 Hearing dates: Conciliation conference on 11 November & 1 December 2016 Date of orders: 02 December 2016 Decision date: 02 December 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: Platinum Property Advisors Pty Ltd (Applicant)
Hornsby Shire Council (Respondent)Representation: Counsel:
Solicitors:
Mr P Clay (Applicant)
Mr M Sonter, Mills Oakley (Applicant)
Mr P Jackson, Pikes Lawyers (Respondent)
File Number(s): 2016/240928 Publication restriction: No
Judgment
-
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”.
-
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.
-
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.
-
The final orders to give effect to the parties’ agreement under s34(3) of the Land and Environment Court Act 1979 are:
The Applicant is granted leave to amend the development application by substituting the following amended plans and documents relied on for the purpose of the section development application:
Plan No.
Rev
Plan Title
Drawn by
Dated
DA102
B
Site Plan
DKO Architects
15/11/2016
DA200
C
Ground Floor Plan
DKO Architects
18/11/2016
DA201
B
Level 1 Plan
DKO Architects
15/11/2016
DA202
B
Level 2 Plan
DKO Architects
15/11/2016
DA203
B
Level 3 Plan
DKO Architects
15/11/2016
DA204
B
Level 4 Plan
DKO Architects
15/11/2016
DA205
B
Level 5 Plan
DKO Architects
15/11/2016
DA206
B
Level 6 Plan
DKO Architects
15/11/2016
DA207
B
Level 7 Plan
DKO Architects
15/11/2016
DA208
B
Level 8 Plan
DKO Architects
15/11/2016
DA209
B
Level 9 Plan
DKO Architects
15/11/2016
DA210
B
Roof Plan
DKO Architects
15/11/2016
DA211
B
Basement 1 Plan
DKO Architects
15/11/2016
DA212
B
Basement 2 Plan
DKO Architects
15/11/2016
DA213
B
Basement 3 Plan
DKO Architects
15/11/2016
DA214
B
Apartments I
DKO Architects
15/11/2016
DA215
B
Apartments II
DKO Architects
15/11/2016
DA216
B
Apartments III
DKO Architects
15/11/2016
DA217
B
Apartments IV
DKO Architects
15/11/2016
DA300
B
Materials Board
DKO Architects
15/11/2016
DA301
C
South Elevation
DKO Architects
18/11/2016
DA302
C
East Elevation
DKO Architects
18/11/2016
DA303
C
North Elevation
DKO Architects
18/11/2016
DA304
C
West Elevation
DKO Architects
18/11/2016
DA305
B
Section 1
DKO Architects
15/11/2016
DA306
B
Section 2
DKO Architects
15/11/2016
DA307
B
Section 3
DKO Architects
15/11/2016
DA8.1
B
Façade Details
DKO Architects
15/11/2016
-
-
Details of Grid Façade system
DKO Architects
Received on 18/11/2016
-
-
Balcony edge detail
DKO Architects
Received on 18/11/2016
LD CD 001
04
Landscape Plan Ground Level
Tract Landscape Architects
23/11/2016
LD CD 002
04
Landscape Plan Level 1
Tract Landscape Architects
23/11/2016
LD CD 003
04
Landscape Plan Level 3
Tract Landscape Architects
23/11/2016
LD CD 004
04
Landscape Plan Level 8
Tract Landscape Architects
23/11/2016
LD CD 005
00
Landscape Plan Roof Top Courtyard
Tract Landscape Architects
23/11/2016
LD CD 006
04
Section Landscape Areas
Tract Landscape Architects
23/11/2016
LD CD 007
04
Section Landscape Areas
Tract Landscape Architects
23/11/2016
LD SK_01
A
Planting Palette
Tract Landscape Architects
23/11/2016
SW02
B
Stormwater – Basement 3
SGC Engineering
11/11/2016
SW03
B
Stormwater – Ground Floor Plan
SGC Engineering
11/11/2016
SW04
B
Stormwater – Level 1 Plan
SGC Engineering
11/11/2016
SW05
B
Stormwater – Roof Plan
SGC Engineering
11/11/2016
SW06
B
Sediment and Erosion Control Plan and details
SGC Engineering
11/11/2016
SW07
B
Stormwater drainage Design Details
SGC Engineering
11/11/2016
The Applicant is to pay those costs of the Respondent ‘thrown away’ as a result of amending the development application pursuant to section 97B(2) of the Environmental Planning and Assessment Act 1979 in the amount of $6,500.
The appeal is upheld.
Development application No DA/590/2016 lodged on 10 May 2016 for demolition of existing structures and construction of an eleven storey mixed use development with three levels of basement car parking, six commercial tenancies at ground level and 66 residential units above and two landscaped communal open space areas at 266-268 Pennant Hills Road, Thornleigh, is approved subject to the conditions contained in Annexure “A”.
…………….
Sue Morris
Commissioner
240928.16 Morris (C) (444 KB, pdf)
240928.16 Morris - Pennant Hills Rd Thornleigh DASET (11.5 MB, pdf)
Decision last updated: 02 December 2016
0
0
1