Sangari v Wollondilly Council

[2017] NSWLEC 1091

Land and Environment Court

New South Wales

Medium Neutral Citation:	Sangari v Wollondilly Council [2017] NSWLEC 1091
Hearing dates:	Conciliation conference on 24 February 2017
Date of orders:	24 February 2017
Decision date:	24 February 2017
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:	Ghazi Sangari (Applicant) Wollondilly Council (Respondent)
Representation:	Solicitors: Mr C McFadzean Swaab Attorneys (Applicant) Mr C Campbell Lindsay Taylor Lawyers (Respondent)
File Number(s):	153833/2016
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, 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. The applicant is granted leave to amend the development application by relying on the following plans:

Drawing title	Prepared By	Reference	Date
Plan of Subdivision	Paul Brandon	Survey Reference: 150901 DP Rev G	As stamped approved
Landscape Street Tree Plan	HLS Pty Ltd	L01	18/8/2016
Coversheet	Martens	PS02-A000 Rev G	5/12/2016
Development overview plan	Martens	PS02-A050 Rev E	5/12/2016
Town planning plan	Martens	PS02-A400 Rev D	29/11/2016
Sediment & erosion control and demolition plan	Martens	PS02-B300 Rev D	29/11/2016
Sediment & erosion control details	Martens	PS02-B310 Rev G	31/8/2016
Earthworks plan	Martens	PS02-C100 Rev E	5/12/2016
Earthworks cut and fill plan	Martens	PS02-C600 Rev E	5/12/2016
Roadworks plan	Martens	PS02-D100 Rev E	5/12/2016
Proposed road longitudinal & typical section	Martens	PS02-D200 Rev D	29/11/2016
Drainage plan	Martens	PS02-E100 Rev E	5/12/2016
Basin detailed plan	Martens	PS02-E200 Rev E	5/12/2016
Drainage typical sections & details	Martens	PS02-E201 Rev B	5/12/2016
Drainage longitudinal sections	Martens	PS02-E300 Rev D	5/12/2016
Drainage longitudinal sections	Martens	PS02-E301 Rev C	29/11/2016
Drainage longitudinal sections	Martens	PS02-E302 Rev C	29/11/2016

2. The appeal is upheld.

3. Development application No. 010.2015.00000845.001 for demolition of a dwelling and shed, decommissioning of a dam, subdivision of one lot into thirty five (35) lots and the construction of a road at Lot 1 DP 1222156, 20 Macquarie Place, Tahmoor is approved subject to the conditions contained in Annexure ‘A’.

4. The Applicant is to pay the Respondent's costs under s97B of the Environmental Planning and Assessment Act 1979 in the amount of $2000 within 28 days.

…………….

Sue Morris

Commissioner

153833.16 (C) Annexure A (353 KB, pdf)

153833.16 Morris - Plans (7.94 MB, pdf)