Precise Planning v Wollondilly Shire Council

[2017] NSWLEC 1142

Land and Environment Court

New South Wales

Medium Neutral Citation:	Precise Planning v Wollondilly Shire Council [2017] NSWLEC 1142
Hearing dates:	Conciliation conference on 21 December 2017
Date of orders:	23 March 2017
Decision date:	23 March 2017
Jurisdiction:	Class 1
Before:	Dixon 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:	Precise Planning (where leave granted below: Alora Davies Developments 101 Pty Ltd) (Applicant) Wollondilly Shire Council (Respondent)
File Number(s):	2016/283115
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 make, 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. Leave is granted to the Applicant to amend the name of the Applicant in the proceedings to Alora Davies Developments 101 Pty Ltd;

2. Leave is granted to the Applicant to rely on the following amended plans:

Plan Title	Author/Drawn By	Plan Reference	Dated
Plan of Subdivision of Lot 4 DP 245153	Paul Brandon	Surveyor’s Ref 151108	14 September 2016 Rev B
Development Overview and Viewport Reference Plan	Martens & Associates Pty Ltd	Project No. P1605138 Revision H PS02A050	9 February 2017
Sediment & Erosion Control Plan	Martens & Associates Pty Ltd	Project No. P1605138 Revision D PS02- B300	9 February 2017
Sediment & Erosion Control Details	Martens & Associates Pty Ltd	Project No. P1605138 Revision A PS02-B310	9 September 2016
Earthwork Grading Plan	Martens & Associates Pty Ltd	Project No. P1605138 Revision H PS02-C100	9 February 2017
Earthwork Section A-A	Martens & Associates Pty Ltd	Project No. P1605138 Revision D PS02-C200	9 February 2017
Earthwork Section B-B	Martens & Associates Pty Ltd	Project No. P1605138 Revision C PS02-C201	9 February 2017
Earthwork Section C-C	Martens & Associates Pty Ltd	Project No. P1605138 Revision A PS02-C202	9 February 2017
Earthwork Section D-D	Martens & Associates Pty Ltd	Project No. P1605138 Revision A PS02-C203	9 February 2017
Earthwork Section E-E	Martens & Associates Pty Ltd	Project No. P1605138 Revision A PS02-C204	9 February 2017
Earthwork Section F-F	Martens & Associates Pty Ltd	Project No. P1605138 Revision A PS02-C205	9 February 2017
Earthwork Cut & Fill Plan	Martens & Associates Pty Ltd	Project No. P1605138 Revision G PS02-C600	9 February 2017
Roadworks Plan	Martens & Associates Pty Ltd	Project No. P1605138 Revision E PS02-D100	9 February 2017
21-MRC01 Longitudinal & Typical Section	Martens & Associates Pty Ltd	Project No. P1605138 Revision D PS02-D200	10 January 2017
21-MRC02 Longitudinal & Typical Section	Martens & Associates Pty Ltd	Project No. P1605138 Revision C PS02-D201	10 January 2017
Drainage Plan	Martens & Associates Pty Ltd	Project No. P1605138 Revision I PS02-E100	9 February 2017
Drains Modelling Catchment Plan and Layout Result	Martens & Associates Pty Ltd	Project No. P1605138 Revision E PS02-E610	9 February 2017
MUSIC Catchment Plan, Model Layout & Results	Martens & Associates Pty Ltd	Project No. P1605138 Revision G PS02-E701	9 February 2017
Longitudinal Section of Retaining Wall along Northern Boundary	Martens & Associates Pty Ltd	Project No. P1605138 Revision A PS02-G210	9 February 2017
Longitudinal Section of Retaining Wall along Southern Boundary	Martens & Associates Pty Ltd	Project No. P1605138 Revision A PS02-G211	9 February 2017

3. The appeal is upheld.

4. Development consent is granted to DA 010.2016.00000358.001 for a thirty (30) lot subdivision including new public road construction and demolition of all structures removal of a swimming pool at Lot 4 DP 245153, 100 Rita Street, Thirlmere, subject to the conditions at Annexure “A”.

……………………….

Commissioner Dixon

283115.16 Dixon (C) Annexure A (718 KB, pdf)

283115.16 Dixon (C) Annexure B (165 KB, pdf)