Gwydir Holdings Pty Ltd v Campbelltown Council [2016] NSWLEC 1546

Land and Environment Court New South Wales

Medium Neutral Citation: Gwydir Holdings Pty Ltd v Campbelltown Council [2016] NSWLEC 1546 Hearing dates: Conciliation conference on 28 October 2016 Date of orders: 21 November 2016 Decision date: 21 November 2016 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: Gwydir Holdings Pty Ltd (Applicant) Campbelltown Council (Respondent) Representation: Counsel: Dr J Smith (Applicant)

Solicitors:

Mr A Seton Marsdens Law Group (Respondent) File Number(s): 213119/2016 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 given leave to amend the development application by substituting the following plans and documentation as the plans and documentation relied upon for the purpose of the development application: Drawing Title Drawing No. Revision Prepared by Dated Cover Page/ Site Analysis/ Site Calculation DA100 E Michael Kitmiridis Architect 8 November 2016 Site Plan/ Roof Plan/ GFA Calculations DA101 E Michael Kitmiridis Architect 8 November 2016 Ground Level/ Demolition Plan DA102 E Michael Kitmiridis Architect 8 November 2016 First Level DA103 E Michael Kitmiridis Architect 8 November 2016 Typical Room Layout/ Construction Management Plan DA 104 E Michael Kitmiridis Architect 8 November 2016 Elevations/ Schedule of External Finishes/ Windows & Doors Schedule DA105 E Michael Kitmiridis Architect 8 November 2016 Shadow Diagrams DA106 E Michael Kitmiridis Architect 8 November 2016 Front Fence Details DA107 E Michael Kitmiridis Architect 8 November 2016 Perspectives DA108 E Michael Kitmiridis Architect 8 November 2016 Sections DA109 E Michael Kitmiridis Architect 8 November 2016 Solar Access to Common Room from 9AM to 12 Noon – 21st June DA110 E Michael Kitmiridis Architect 8 November 2016 Solar Access to Common Room from 1PM to 3PM – 21st June DA111 E Michael Kitmiridis Architect 8 November 2016 Surrounding Views DA113 C Michael Kitmiridis Architect October 2016 Landscape Plan L101 E QTN Landscape 11/16