Land and Environment Court New South Wales Medium Neutral Citation: Cove Residential Pty Ltd v Wollondilly Shire Council [2017] NSWLEC 1646 Hearing dates: Conciliation conference on 8 August, 10 & 27 October 2017 Date of orders: 13 November 2017 Decision date: 13 November 2017 Jurisdiction: Class 1 Before: Maston 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: Cove Residential Pty Ltd (Applicant) Wollondilly Shire Council (Respondent) Representation: Solicitor: Ms M Peatman, Hunt & Hunt (Applicant) (Respondent) File Number(s): 2017/82976 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 and rely upon the following amended plans, contained at Annexure "A": Job No. Plan Title Dwg No. Revision Date 15340/207 Plan of Proposed Subdivision 1 of 1 01 11/07/2017 15340 Plan Of Proposed Pathway, Landscaping And Facilities 1 of 1 07 18/08/2017 15340 Demolition Plan 02 11/07/2017 15340/207 Envelope Plan 1 of 1 01 11/07/2017 15340 Plan Index 1 of 24 02 18/08/2017 15340 Proposed Civil Works 1 2 of 24 01 18/08/2017 15340 Proposed Civil Works 2 3 of 24 01 18/08/2017 15340 Road Details 1 4 of 24 01 18/08/2017 15340 Road Details 2 5 of 24 01 18/08/2017 15340 Cut and Fill Depth Plan 6 of 24 01 18/08/2017 15340 Road Longsections – Torulosa & Wintle Road 7 of 24 00 19/02/2016 15340 Road Longsections – Road 1 and Road 2 8 of 24 01 18/08/2017 15340 Road Longsections – Neki Road 9 of 24 01 18/08/2017 15340 Road Cross Sections – Road 1 10 of 24 01 18/08/2017 15340 Road Cross Sections – Road 2 11 of 24 00 19/02/2016 15340 Road Cross Sections – Torulosa Road 12 of 24 00 19/02/2016 15340 Road Cross Sections – Wintle Road 13 of 24 00 19/02/2016 15340 Road Cross Sections – Neki Road 1 14 of 24 01 18/08/2017 15340 Road Cross Sections – Neki Road 2 15 of 24 01 18/08/2017 15340 Road Cross Sections – Neki Road 3 16 of 24 01 18/08/2017 15340 Road Cross Sections – Neki Road 4 & Typical sections 17 of 24 01 18/08/2017 15340 Sedimentation and Erosion Control Plan 1 18 of 24 01 18/08/2017 15340 Sedimentation and Erosion Control Plan 2 19 of 24 02 18/08/2017 15340 Lot calculation & Tree Planting & Line Marking 1 20 of 24 01 18/08/2017 15340 Lot calculation & Tree Planting & Line Marking 2 21 of 24 01 18/08/2017 15340 Existing Structures & Services Plan 1 22 of 24 02 18/08/2017 15340 Existing Structures & Services Plan 2 23 of 24 01 18/08/2017 15340 Retaining Wall Detail 24 of 24 00 18/08/2017 1. The appeal in respect of Lot: 1 DP: 1215738, Lot 601 DP 735032, and Lot: 121 DP: 1187365, being 790 and 780 Montpelier Drive, and 12 Emmaline Avenue The Oaks, is upheld. 2. Development Application DA 430/2016 for the proposed subdivision into 74 lots with new roads, associated works, and demolition of structures, is approved subject to conditions contained in Annexure "B". 3. The Applicant is pay the Respondent's costs thrown away by reason of the amended plans pursuant to section 97B of the Environmental Planning and Assessment at 1979 in the amount of $5,000.00 within 28 days. ………………………. Acting Commissioner Maston 82976.17 Maston - Annexure A (8.11 MB, pdf) 82976.17 Maston - Annexure B (393 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: 15 November 2017