Land and Environment Court New South Wales Medium Neutral Citation: Property Glenfield Pty Ltd v Campbelltown City Council [2017] NSWLEC 1481 Hearing dates: Conciliation conference on 29 June, 18 July and 4 August 2017 Date of orders: 01 September 2017 Decision date: 01 September 2017 Jurisdiction: Class 1 Before: Gray 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: Property Glenfield Pty Ltd (Applicant) Campbelltown City Council (Respondent) Representation: Solicitor: Mr D Loether, Bartier Perry Lawyers (Applicant) Ms K Gerathy, HWL Ebsworth Lawyers (Respondent) File Number(s): 2017/64537 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. 532/2016/DA-RS and to rely upon the following amended plans and documents, copies of which are behind Annexure "A": Plans Drawing No. Drawing Name Prepared by Date 2.1, Revision D Ground Floor Plan Urban Link 31 July 2017 2.2, Revision D Level 01 Floor Plan Urban Link 28 July 2017 2.4, Revision D Elevations – 1 Urban Link 28 July 2017 2.5, Revision D Elevations 2 Urban Link 28 July 2017 2.6, Revision D Elevations 3 Urban Link 28 July 2017 2.7, Revision D Sections Urban Link 28 July 2017 2.8, Revision D Sections Urban Link 28 July 2017 2.8, Revision D 3D Shadows – Sun Path Urban Link 28 July 2017 2.8.1, Revision D 3D Shadows – Sun Path Urban Link 28 July 2017 2.10, Revision A 2D Shadow Diagram Urban Link 28 July 2017 2.8.1, Revision A 2D Shadow Diagram Urban Link 28 July 2017 3.0, Revision A Unit Calculations Urban Link 28 July 2017 2.13, Revision C Colour Palette Types Urban Link 31 July 2017 4.12, Revision A Colour Palette Types – Location Urban Link 28 July 2017 4.13, Revision A Dwelling Types – Locations Urban Link 28 July 2017 4.13.1, Revision D Dwelling Types - Locations Urban Link 31 July 2017 4.13.2, Revision D Dwelling Types - Locations Urban Link 31 July 2017 4.14, Revision A Fence Locations Urban Link 28 July 2017 6.0, Revision A SP Draft – Location Plan Urban Link 16 August 2017 6.1, Revision A SP Draft – Ground Level Urban Link 16 August 2017 6.2, Revision A SP Draft – Level 01 Urban Link 16 August 2017 L/00, Revision A Cover Page A Total Concept Landscape Architects 27 July 2017 L/01, Revision A Planting Plan for DA 1/2 A Total Concept Landscape Architects 27 July 2017 L/02, Revision A Planting Plan for DA 2/2 A Total Concept Landscape Architects 27 July 2017 A5403, Revision E Cover Alpha Engineer & Development 27 July 2017 A5403-SW01, Revision E Overall Sediment and Erosion Control Plan Alpha Engineer & Development 27 July 2017 A5403-SW02, Revision E Overall Ground Floor Drainage Plan Alpha Engineer & Development 27 July 2017 A5403-SW03, Revision E Overall Roof Drainage Plan Alpha Engineer & Development 27 July 2017 A5403-SW04, Revision E Sediment and Erosion Control Plan Alpha Engineer & Development 27 July 2017 A5403-SW05, Revision E Sediment and Erosion Control Plan Alpha Engineer & Development 27 July 2017 A5403-SW06, Revision E Sediment and Erosion Control Plan Alpha Engineer & Development 27 July 2017 A5403-SW07, Revision E Sediment and Erosion Control Plan Alpha Engineer & Development 27 July 2017 A5403-SW08, Revision E Ground Floor Drainage Plan Alpha Engineer & Development 27 July 2017 A5403-SW09, Revision E Ground Floor Drainage Plan Alpha Engineer & Development 27 July 2017 A5403-SW10, Revision E Ground Floor Drainage Plan Alpha Engineer & Development 27 July 2017 A5403-SW11, Revision E Ground Floor Drainage Plan Alpha Engineer & Development 27 July 2017 A5403-SW12, Revision E Roof Drainage Plan Alpha Engineer & Development 27 July 2017 A5403-SW13, Revision E Roof Drainage Plan Alpha Engineer & Development 27 July 2017 A5403-SW14, Revision E Roof Drainage Plan Alpha Engineer & Development 27 July 2017 A5403-SW15, Revision E Roof Drainage Plan Alpha Engineer & Development 27 July 2017 A5403-SW16, Revision E Longitudinal Section –Accessway 1 Alpha Engineer & Development 27 July 2017 A5403-SW17, Revision E Longitudinal Section –Accessway 2 Alpha Engineer & Development 27 July 2017 A5403-SW18, Revision E Longitudinal Section – Accessway 3 & 4 Alpha Engineer & Development 27 July 2017 A5403-SW19, Revision E Stormwater Sections and Details Alpha Engineer & Development 27 July 2017 Documents BASIX Certificate Number 708692M_02 prepared by Outsources Ideas Pty Ltd dated 28 July 2017 Remediation Action Plan prepared by Environmental Earth Sciences dated 18 July 2017 (Version 3) 1. The Applicant is to pay the Respondent's costs pursuant to section 97B of the Environmental Planning and Assessment Act 1979 in the amount of $9,000.00.within 28 days of the date of these orders. 2. Development Application No. 532/2016/DA-RS (as amended) for subdivision into two allotments, construction of 46 dwellings, roads and strata subdivision into 46 allotments on Lot 16 in Deposited Plan 17859, otherwise known as 23 Glenfield Road, Glenfield, be approved subject to the conditions contained at Annexure "B". ………………………. Commissioner Gray 64537.17 Gray - Annexure A (Part 1) (7.87 MB, pdf) 64537.17 Gray - Annexure A (Part 2) (8.29 MB, pdf) 64537.17 Gray - Annexure B (415 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: 01 September 2017