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
4
5
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)
- AGLC
- Precise Planning v Wollondilly Shire Council [2016] NSWLEC 1423
- Case
- [2016] NSWLEC 1423
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the Council's decision was made in accordance with the relevant planning legislation and whether it was supported by sufficient evidence. Specifically, the court had to consider whether the Council's assessment of the impact of the proposed development on the surrounding environment and community was reasonable and lawful. Additionally, the court needed to determine whether the Council had acted within its statutory powers and whether the decision was rationally based on the evidence provided.
In delivering its judgment, the court found that the Council's decision was indeed lawful and reasonable. The court held that the Council had properly considered all relevant factors, including environmental impacts, community concerns, and compliance with planning regulations. The court was satisfied that the Council's assessment was thorough and that the evidence supported the decision. Furthermore, the court found that the Council had exercised its statutory powers appropriately and that the decision was not arbitrary or irrational.
As a result, the court dismissed the appeal brought by Precise Planning. The court confirmed that the Council's decision to deny the development application was valid and should stand. The court's judgment provided clarity on the legal standards applicable to such planning decisions and reinforced the importance of evidence-based decision-making in the planning process.
Orders
Orders of the court
See (4) below
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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