Land and Environment Court New South Wales Medium Neutral Citation: Platinum Property Advisors Pty Ltd v HORNSBY SHIRE COUNCIL [2016] NSWLEC 1575 Hearing dates: Conciliation conference on 11 November & 1 December 2016 Date of orders: 02 December 2016 Decision date: 02 December 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: Platinum Property Advisors Pty Ltd (Applicant) Hornsby Shire Council (Respondent) Representation: Counsel: Mr P Clay (Applicant) Solicitors: Mr M Sonter, Mills Oakley (Applicant) Mr P Jackson, Pikes Lawyers (Respondent) File Number(s): 2016/240928 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 Applicant is granted leave to amend the development application by substituting the following amended plans and documents relied on for the purpose of the section development application: Plan No. Rev Plan Title Drawn by Dated DA102 B Site Plan DKO Architects 15/11/2016 DA200 C Ground Floor Plan DKO Architects 18/11/2016 DA201 B Level 1 Plan DKO Architects 15/11/2016 DA202 B Level 2 Plan DKO Architects 15/11/2016 DA203 B Level 3 Plan DKO Architects 15/11/2016 DA204 B Level 4 Plan DKO Architects 15/11/2016 DA205 B Level 5 Plan DKO Architects 15/11/2016 DA206 B Level 6 Plan DKO Architects 15/11/2016 DA207 B Level 7 Plan DKO Architects 15/11/2016 DA208 B Level 8 Plan DKO Architects 15/11/2016 DA209 B Level 9 Plan DKO Architects 15/11/2016 DA210 B Roof Plan DKO Architects 15/11/2016 DA211 B Basement 1 Plan DKO Architects 15/11/2016 DA212 B Basement 2 Plan DKO Architects 15/11/2016 DA213 B Basement 3 Plan DKO Architects 15/11/2016 DA214 B Apartments I DKO Architects 15/11/2016 DA215 B Apartments II DKO Architects 15/11/2016 DA216 B Apartments III DKO Architects 15/11/2016 DA217 B Apartments IV DKO Architects 15/11/2016 DA300 B Materials Board DKO Architects 15/11/2016 DA301 C South Elevation DKO Architects 18/11/2016 DA302 C East Elevation DKO Architects 18/11/2016 DA303 C North Elevation DKO Architects 18/11/2016 DA304 C West Elevation DKO Architects 18/11/2016 DA305 B Section 1 DKO Architects 15/11/2016 DA306 B Section 2 DKO Architects 15/11/2016 DA307 B Section 3 DKO Architects 15/11/2016 DA8.1 B Façade Details DKO Architects 15/11/2016 - - Details of Grid Façade system DKO Architects Received on 18/11/2016 - - Balcony edge detail DKO Architects Received on 18/11/2016 LD CD 001 04 Landscape Plan Ground Level Tract Landscape Architects 23/11/2016 LD CD 002 04 Landscape Plan Level 1 Tract Landscape Architects 23/11/2016 LD CD 003 04 Landscape Plan Level 3 Tract Landscape Architects 23/11/2016 LD CD 004 04 Landscape Plan Level 8 Tract Landscape Architects 23/11/2016 LD CD 005 00 Landscape Plan Roof Top Courtyard Tract Landscape Architects 23/11/2016 LD CD 006 04 Section Landscape Areas Tract Landscape Architects 23/11/2016 LD CD 007 04 Section Landscape Areas Tract Landscape Architects 23/11/2016 LD SK_01 A Planting Palette Tract Landscape Architects 23/11/2016 SW02 B Stormwater – Basement 3 SGC Engineering 11/11/2016 SW03 B Stormwater – Ground Floor Plan SGC Engineering 11/11/2016 SW04 B Stormwater – Level 1 Plan SGC Engineering 11/11/2016 SW05 B Stormwater – Roof Plan SGC Engineering 11/11/2016 SW06 B Sediment and Erosion Control Plan and details SGC Engineering 11/11/2016 SW07 B Stormwater drainage Design Details SGC Engineering 11/11/2016 1. The Applicant is to pay those costs of the Respondent 'thrown away' as a result of amending the development application pursuant to section 97B(2) of the Environmental Planning and Assessment Act 1979 in the amount of $6,500. 2. The appeal is upheld. 3. Development application No DA/590/2016 lodged on 10 May 2016 for demolition of existing structures and construction of an eleven storey mixed use development with three levels of basement car parking, six commercial tenancies at ground level and 66 residential units above and two landscaped communal open space areas at 266-268 Pennant Hills Road, Thornleigh, is approved subject to the conditions contained in Annexure "A". ……………. Sue Morris Commissioner 240928.16 Morris (C) (444 KB, pdf) 240928.16 Morris - Pennant Hills Rd Thornleigh DASET (11.5 MB, pdf) DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 02 December 2016