Land and Environment Court New South Wales Medium Neutral Citation: Precise Planning v Wollondilly Shire Council [2017] NSWLEC 1143 Hearing dates: Conciliation conference on 21 December 2016 Date of orders: 23 March 2017 Decision date: 23 March 2017 Jurisdiction: Class 1 Before: Dixon 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: Precise Planning (where leave granted below: Alora Davies Developments 101 Pty Ltd) (Applicant) Wollondilly Shire Council (Respondent) Representation: Solicitor: Ms C Rose, Swaab Attorneys (Applicant) Mr C Osborne, Russell McLelland Brown Lawyers (Respondent) File Number(s): 2016/283142 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. Leave is granted to the Applicant to amend the name of the Applicant in the proceedings to Alora Davies Developments 101 Pty Ltd. 2. Leave is granted to the Applicant to rely on the following amended plans: Plan Title Author/Drawn By Plan Reference Dated Plan of Subdivision of Lot 1 DP 245153 Stage 1 and Stage 2 Paul Brandon Surveyor's Ref 151108 December 2016, Rev B Development Overview and Viewport Reference Plan Martens & Associates Pty Ltd Project No. P1605138 9 February 2017 Revision B PS03A050 Sediment & Erosion Control Plan Martens & Associates Pty Ltd Project No. P1605138 9 February 2017 Revision B PS03- B300 Sediment & Erosion Control Details Martens & Associates Pty Ltd Project No. P1605138 7 December 2016 Revision A PS03-B310 Earthwork Grading Plan Martens & Associates Pty Ltd Project No. P1605138 9 February 2017 Revision C PS03-C100 Earthwork Cut & Fill Plan Martens & Associates Pty Ltd Project No. P1605138 9 February 2017 Revision G PS02-C600 Roadworks Plan Martens & Associates Pty Ltd Project No. P1605138 9 February 2017 Revision E PS03-D100 21-MRC01 Longitudinal & Typical Section Martens & Associates Pty Ltd Project No. P1605138 9 February 2017 Revision B PS03-D200 Drainage Plan Martens & Associates Pty Ltd Project No. P1605138 9 February 2017 Revision B PS03-E100 Drains Modelling Catchment Plan and Layout Result Martens & Associates Pty Ltd Project No. P1605138 9 February 2017 Revision B PS03-E610 MUSIC Catchment Plan, Model Layout & Results Martens & Associates Pty Ltd Project No. P1605138 9 February 2017 Revision B PS03-E701 1. The appeal is upheld. 2. Development consent is granted to DA 010.2016.00000357.001 for a twenty-six (26) lot subdivision including new public road construction and demolition of sheds in two (2) stages at Lot 1 DP 245153, 45 Brundah Road, Thirlmere, subject to the conditions at Annexure "A". ………………………. Commissioner Dixon 283142.16 Dixon (C) Annexure A (675 KB, pdf) 283142.16 Dixon (C) Annexure B (156 KB, 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: 09 May 2018