Thunderace Holdings Pty Ltd v Camden Council

[2017] NSWLEC 1155

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

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. The appeal is upheld.

2. 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

3. 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.

4. 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:"