Thunderace Holdings Pty Ltd v Camden Council
[2017] NSWLEC 1155
•27 March 2017
Land and Environment Court
New South Wales
- Amendment notes
Medium Neutral Citation: Thunderace Holdings Pty Ltd v Camden Council [2017] NSWLEC 1155 Hearing dates: Conciliation Conference on 7 and 28 February 2017, 24 March 2017 Date of orders: 27 March 2017 Decision date: 27 March 2017 Jurisdiction: Class 1 Before: Martin SC 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: Thunderace Holdings Pty Ltd (Applicant)
CAMDEN COUNCIL (Respondent)Representation: Counsel
J Reid (Applicant)
D Loether (Solicitor) (Respondent)
Solicitors
Meehans Solicitors Pty Ltd (Applicant)
Bartier Perry (Respondent)
File Number(s): 2016/313209 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 appeal is upheld.
The Applicant is granted leave to amend Development Application No. 1362/2015 and to rely upon the following amended plans:
Plan Reference/ Drawing No.
Name of Plan
Prepared by
Date
Project: 7395
Demolition Plan
Abode Drafting
9/5/2016
Project: 7395, Sheet 01, Issue: E
Basement Floor Plan
Abode Drafting
6/3/2017
Project: 7395, Sheet 02, Issue: E
Ground Floor Plan
Abode Drafting
6/3/2017
Project: 7395, Sheet 03, Issue: E
First Floor Plan
Abode Drafting
6/3/2017
Project: 7395, Sheet 04, Issue: E
Roof Plan
Abode Drafting
6/3/2017
Project: 7395, Sheet 05, Issue: E
Sections
Abode Drafting
6/3/2017
Project: 7395, Sheet 06, Issue: E
Eastern and Western Elevations
Abode Drafting
6/3/2017
Project: 7395, Sheet 07, Issue: E
Northern and Southern Elevations
Abode Drafting
6/3/2017
Project: 7395, Sheet 08, Issue: E
Streetscape Elevation
Abode Drafting
6/3/2017
68-13.00
Coversheet
Distinctive Living Design
7/3/2017
68-13.01
Palette, Notes & Details
Distinctive Living Design
7/3/2017
68-13.10
Landscape Hardscape Plan
Distinctive Living Design
7/3/2017
68-13.11
Landscape Softscape Plan
Distinctive Living Design
7/3/2017
92-14
Coversheet
Distinctive Living Design
9/3/2017
92-14.01
Materials, Legends & Notes
Distinctive Living Design
9/3/2017
92-14.02
Elevations Western & Eastern
Distinctive Living Design
9/3/2017
92-14.03
Elevations Northern & Southern
Distinctive Living Design
9/3/2017
Project 7395
Sheet 1
Strata Plan
Abode Drafting
9/3/2017
Project 7395
Sheet 2
Strata Plan
Abode Drafting
9/3/2017
Project 7395
Sheet 3
Strata Plan
Abode Drafting
9/3/2017
The Applicant is to pay the Respondent’s costs pursuant to section 97B of the Environmental Planning and Assessment Act 1979, as agreed or assessed.
Development Application No. 1362/2015 (as amended) for the proposed demolition of two existing dwellings, swimming pool and tree removal, and for the construction of a part 2 storey and part 3 storey residential flat building containing 11 apartments ( 6 x 2 bedrooms and 5 x 3 bedrooms) and lot consolidation on Lots 5, 6 and 7 in DP 28457 and Lot 41A in DP 29251 known as 26, 28 and 30 Old Hume Highway, Camden, is approved subject to the conditions contained at Annexure “A”.
…………….
Rosemary Martin
Senior Commissioner
313209.16 (C) (111 KB, pdf)
Amendments
27 March 2017 - Words missing at Order 4 added: "Land and Environment Court Act 1979 are:"
Decision last updated: 27 March 2017
0
0
1