Precise Planning v Wollondilly Shire Council
Land and Environment Court
New South Wales
Medium Neutral Citation: Precise Planning v Wollondilly Shire Council [2016] NSWLEC 1423 Hearing dates: Conciliation conference on 2 and 16 September 2016 Date of orders: 16 September 2016 Decision date: 16 September 2016 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 (Applicant)
Wollondilly Shire Council (Respondent)Representation: Mr C Shaw, SWAAB Lawyers (Applicant)
Ms P Hudson, Marsdens Law Group (Respondent)
File Number(s): 2016/151990 Publication restriction: No
Judgment
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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”.
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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, 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 s34(3) of the Land and Environment Court Act 1979 are:
Development application No. 10.2015.605.1 is amended by the substitution of the following Stormwater Engineering plans:
Stormwater Engineering Works- DRAINs Modelling Catchment Plan
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Martens& Associates
P1605171-PS01-R03-E100 Revision B
12/02/16
Stormwater Engineering Works- Stormwater Concept Plan
Martens& Associates
P1605171-PS01-R03-E200 Revision C
16/02/16
Stormwater Engineering Works- Drainage Details
Martens& Associates
P1605171-PS01-R03-E400 Revision A
09/02/16
Stormwater Engineering Works- MUSIC Modelling Catchment Plan
Martens& Associates
P1605171-PS01-R03-E600 Revision B
12/02/16
Stormwater Engineering Works- Water Quality Modelling and MUSIC Results
Martens& Associates
P1605171-PS01-R03-E601 Revision C
16/02/16
Stormwater Engineering Works- DRAINS Layout and Results
Martens& Associates
P1605171-PS01-R03-E700 Revision B
12/02/16
Supplementary Stormwater Assessment -Coversheet
Martens& Associates
P1605171-PS03-R03-A000 Revision C
22/07/16
Supplementary Stormwater Assessment-General Site Layout Plan
Martens& Associates
P1605171-PS03-R03-A050 Revision B
22/07/16
Supplementary Stormwater Assessment- Preliminary Grading Plan for OSD/ Bio-retention Basin
Martens& Associates
P1605171-PS03-R03-C100 Revision C
22/07/16
Supplementary Stormwater Assessment – Preliminary Earthwork Cut and Fill Plan for Basin
Martens& Associates
P1605171-PS03-R03-C600 Revision C
22/07/16
Supplementary Stormwater Assessment – On-site Detention Plan
Martens& Associates
P1605171-PS03-R03-E600 Revision B
22/07/16
Supplementary Stormwater Assessment – On-site Detention Section
Martens& Associates
P1605171-PS03-R03-E601 Revision B
22/07/16
Supplementary Stormwater Assessment – Preliminary On-site Detention Detail
Martens& Associates
P1605171-PS03-R03-E602 Revision B
22/07/16
Supplementary Stormwater Assessment – DRAINS Modelling Catchment Plan
Martens& Associates
P1605171-PS03-R03-E610 Revision C
22/07/16
Supplementary Stormwater Assessment – DRAINS Modelling Layout and Results
Martens& Associates
P1605171-PS03-R03-E611 Revision C
22/07/16
Supplementary Stormwater Assessment – Bio-retention Plan
Martens& Associates
P1605171-PS03-R03-E700 Revision B
22/07/16
Supplementary Stormwater Assessment - Bio-retention Detail
Martens& Associates
P1605171-PS03-R03-E701 Revision B
22/07/16
Supplementary Stormwater Assessment –MUSIC Modelling Catchment Plan
Martens& Associates
P1605171-PS03-R03-E710 Revision C
22/07/16
Supplementary Stormwater Assessment - MUSIC Modelling Layout and Results
Martens& Associates
P1605171-PS03-R03-E711 Revision C
22/07/16
The applicant is to pay those costs of the consent authority that are thrown away as a result of amending the development application in accordance with section 97B of the Environmental Planning and Assessment Act 1979 in the amount of $4,000 within 28 days of the date of these Orders;
The appeal is upheld;
Development Application No 10.2015.605.1 for the demolition of all structures and a 25 lot subdivision including the construction of a new road and storm water infrastructure and removal of vegetation, on the land known as Lot 9 in Deposited Plan 245153, 45 Rita Street, Thirlmere is determined by approval; and
As a consequence of order (3), Development Consent No 10.2015.605.1 is now subject to the conditions of development consent set out in Annexure A.
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Commissioner Dixon
151990.16 Dixon (C) (341 KB, pdf)
Decision last updated: 20 September 2016
Precise Planning v Wollondilly Shire Council [2016] NSWLEC 1423
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