Oliver Steele v Lake Macquarie City Council [2017] NSWLEC 1703

Land and Environment Court New South Wales

Medium Neutral Citation: Oliver Steele v Lake Macquarie City Council [2017] NSWLEC 1703 Hearing dates: Conciliation conference on 6 November 2017 Date of orders: 08 December 2017 Decision date: 08 December 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: Oliver Steele (Applicant) Lake Macquarie City Council (Respondent) Representation: Solicitors: Mr V Conomos (Applicant) Mr A Pickup (Respondent) File Number(s): 2017/205299 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 given leave to amend the development application and rely upon the following plans in the proceedings: 1. Architectural plans prepared by Steele Associates Architecture 1. Site Plan – Drawing No. 01-01 – Issue 8 dated 21.11.2017 2. Basement Floor Plan – Drawing No. 05-01 – Issue 8 dated 21.11.2017 3. Ground Flood Plan – Drawing No. 05-02 – Issue 8 dated 21.11.2017 4. First Floor Plan – Drawing No. 05-03 – Issue 8 dated 21.11.2017 5. Second Floor Plan – Drawing No. 05-04 – Issue 8 dated 21.11.2017 6. Attic Floor Plan – Drawing No. 05-05 – Issue 8 dated 21.11.2017 7. Roof Plan – Drawing No. 05-06 – Issue 8 dated 21.11.2017 8. Elevations – Drawing No. 05-10 – Issue 8 dated 21.11.2017 9. North Elevation – Drawing No. 05-11 – Issue 8 dated 21.11.2017 10. South Elevation – Drawing No. 05-12 – Issue 8 dated 21.11.2017 11. Section A – Drawing No. 05-14 – Issue No. 8 dated 21.11.2017 12. Section B – Drawing No. 05-15 – Issue No. 8 dated 21.11.2017 13. Section C, D – Drawing No. 05-16 – Issue No. 8 dated 21.11.2017 14. Section E, F – Drawing No. 05-17 – Issue No. 8 dated 21.11.2017 15. Section G – Drawing No. 05-18 – Issue No. 8 dated 21.11.2017 16. External Blinds Diagram – Drawing No. 05-22 – Issue No. 8 dated 21.11.2017 17. Ramp Detail – Drawing No. 09-01 – Issue No. 8 dated 21.11.2017 18. Finishes Board – Drawing No. 12-00 – Issue No. 8 dated 21.11.2017 1. Engineering plans prepared by Fly Engineering Pty Ltd 1. General Notes – Drawing No. C1.00 – Issue No. 4 dated 24/11/2017 2. Stormwater Plan – Basement Floor – Drawing No. C1.01 – Issue No. 4 dated 24/11/2017 3. Stormwater Plan – Ground Floor – Drawing No. C1.02 – Issue No. 4 dated 24/11/2017 4. Stormwater Plan – First Floor – Drawing No. C1.03 – Issue No. 4 dated 24/11/2017 5. Stormwater Plan – Second Floor – Drawing No. C1.01 – Issue No. 4 dated 24/11/2017 6. Stormwater Plan – Roof Floor – Drawing No. C1.05 – Issue No. 4 dated 24/11/2017 7. Stormwater Details – Drawing No. C1.03 – Issue No. 4 dated 24/11/2017 8. Water Tank / Pump Details – Drawing No. C1.07 – Issue No. 4 dated 24/11/2017 9. Water Quality Device Details – Drawing No. C1.11 – Issue No. 4 dated 24/11/2017 1. Landscape plans prepared by Urban Sanctum Landscape Design Pty Ltd 1. Landscape Plan – Ground Floor – Drawing No. LP.01 – Issue No. D dated 21.11.17 2. Landscape Plan – First Floor – Drawing No. LP.02 – Issue No. C dated 24.11.17 3. Landscape Plan – Second Floor – Drawing No. LP.03 – Issue No. C dated 24.11.17 4. Landscape Plan – Drawing No. LP.04 – Issue No. B dated 01.11.17 5. Landscape Plan – Drawing No. LP.05 – Issue No. B dated 01.11.17 6. Landscape Plan – Drawing No. LP.06 – Issue No. A dated Nov 2017 1. The appeal is upheld. 2. Development application DA/2179/2016 seeking approval for the demolition of existing structures and the erection of a mixed use development comprising of a Residential Flat Building and Commercial Premises at 54 Charles Street, Warners Bay is approved subject to the conditions in Annexure A. ………………………. Commissioner Dixon Annexure A (C) Annexure B 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: 08 December 2017