Land and Environment Court New South Wales 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 Strata Plan Abode Drafting 9/3/2017 Sheet 1 Project 7395 Strata Plan Abode Drafting 9/3/2017 Sheet 2 Project 7395 Strata Plan Abode Drafting 9/3/2017 Sheet 3 1. 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. 2. 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:" 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 March 2017