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 1. The appeal is upheld. 2. 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'. 3. 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) 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: 27 February 2017