Land and Environment Court New South Wales Medium Neutral Citation: Landco (NSW) Pty Ltd v Camden Council [2018] NSWLEC 1252 Hearing dates: Conciliation conference on 8 & 23 May 2018 Date of orders: 25 May 2018 Decision date: 25 May 2018 Jurisdiction: Class 1 Before: Gray C Decision: See [5] below Catchwords: DEVELOPMENT APPLICATION – multi-dwelling housing - conciliation conference - agreement between the parties - orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: Landco (NSW) Pty Ltd (Applicant) Camden Council (Respondent) Representation: Solicitors: A Gadiel, Mills Oakley (Applicant) C Rose, Swaab Attorneys (Respondent) File Number(s): 2017/340169 Publication restriction: No Judgment 1. COMMISSIONER: This is an appeal by Landco (NSW) Pty Ltd against the refusal by Camden Council on 12 May 2017 of development application 2016/612/1 for the construction of five new attached townhouses with car-parking, and their subdivision; new driveway crossing; and associated landscape, service connections and stormwater works. 2. 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". 3. 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. 4. 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. 5. 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 Development Application No. DA-17-01094 and to rely upon the following amended plans: Plan Reference/ Drawing No. Name of Plan Prepared by Date DA-0-001 Rev F Cover Sheet Dickson Rothschild 14 March 2018 DA-0-002 Rev F Project Summary Dickson Rothschild 14 March 2018 DA-0-101 Rev D Site Location Map Dickson Rothschild 14 March 2018 DA-0-102 Rev D Site Subdivision Plan Dickson Rothschild 14 March 2018 DA-0-111 Rev E Site Plan Dickson Rothschild 14 March 2018 DA-0-211 Rev E Ground Floor Plan Dickson Rothschild 14 March 2018 DA-0-212 Rev E Level 1 Floor Plan Dickson Rothschild 14 March 2018 DA-0-213 Rev E Roof Plan Dickson Rothschild 14 March 2018 DA-0-231 Rev A Ground Floor RCP Plan Dickson Rothschild 14 March 2018 DA-0-232 Rev A Level 1 RCP Plan Dickson Rothschild 14 March 2018 DA-0-301 Rev E North & West Elevations Dickson Rothschild 14 March 2018 DA-0-302 Rev E South & East Elevations Dickson Rothschild 14 March 2018 DA-0-303 Rev E Inner East & Inner West Elevations Dickson Rothschild 14 March 2018 DA-0-401 Rev E Sections AA, BB Dickson Rothschild 14 March 2018 DA-0-601 Rev A Indicative Fence Section Detail & Roof Detail Dickson Rothschild 14 March 2018 DA-0-920 Rev B POS Plan Dickson Rothschild 14 March 2018 DA-0-941 Rev C Finishes Schedule Dickson Rothschild 14 March 2018 DA-0-951 Rev E Shadow Analysis - Sheet 1 Dickson Rothschild 14 March 2018 DA-0-952 Rev E Shadow Analysis - Sheet 2 Dickson Rothschild 14 March 2018 DA-0-953 Rev E Shadow Analysis - Sheet 3 Dickson Rothschild 14 March 2018 DA-0-954 Rev B Shadow Analysis - Sheet 4 Dickson Rothschild 14 March 2018 DA-0-955 Rev A Shadow Study - Sheet 1 Dickson Rothschild 14 March 2018 DA-0-956 Rev A Shadow Study - Sheet 2 Dickson Rothschild 14 March 2018 DA-0-957 Rev A Shadow Study - Sheet 3 Dickson Rothschild 14 March 2018 DA-0-958 Rev A Shadow Study - Sheet 4 Dickson Rothschild 14 March 2018 DA-0-959 Rev A Shadow Study - Sheet 5 Dickson Rothschild 14 March 2018 DA-0-960 Rev A Shadow Study - Sheet 6 Dickson Rothschild 14 March 2018 DA-0-961 Rev A 49 Manooka Road - Shadow Analysis Dickson Rothschild 14 March 2018 DA-0-971 Rev B Visualisations 1 Dickson Rothschild 14 March 2018 DA-0-972 Rev B Visualisations 2 Dickson Rothschild 14 March 2018 000 Issue D Cover Sheet Site Image 14 March 2018 101 Issue D Landscape Plan Site Image 14 March 2018 80215043-115-Cl-1001 Rev 4 Title Sheet, Drawing List and Locality Plan Cardno 23 April 2018 80215043-115-Cl-1002 Rev 4 Notes and Legends Cardno 23 April 2018 80215043-115-Cl-1011 Rev 4 General Arrangement Plan Cardno 23 April 2018 80215043-115-Cl-1201 Rev 4 Sediment and Erosion Control Plan and Details Cardno 23 April 2018 80215043-115-Cl-1301 Rev 4 Siteworks Plan Cardno 23 April 2018 80215043-155-Cl-1350 Rev 1 Siteworks Details Cardo 16 May 2018 80215043-115-Cl-1401 Rev 4 Stormwater Longsections and Drainage Data Table Cardno 23 April 2018 80215043-115-Cl-1501 Rev 4 Catchment Plan Cardno 23 April 2018 BASIX Certificate 878747M_02 Efficient Living 24 April 2018 Thermal Comfort & BASIX Assessment Efficient Living 24 April 2018 Waste Management Plan Landco (NSW) Pty Ltd 23 April 2018 Bushfire Hazard Assessment Report Building Code & Bushfire Hazard Solutions Pty Limited 15 December 2017 1. The appeal is upheld. 2. Development application 2016/612/1 for the construction of five dwellings, Torrens title subdivision and associated site works including landscaping, stormwater drainage, service connections, street tree relocation and modification of an existing public road kerb is approved subject to the conditions contained in Annexure 'A' 3. Consent is given under section 138 of the Roads Act 1993 to carry out works within Manooka Road and Ascot Drive, subject to the conditions contained in Annexure 'B'. 4. Pursuant to s.8.15(3) of the Environmental Planning and Assessment Act 1979, the applicant is to pay Council's costs that have been thrown away as a result of the amendment of the application for development consent, agreed in the sum of $1,900, payable within 21 days of the date of this agreement. ………………………. Joanne Gray Commissioner of the Court Annexure A (142 KB, pdf) Annexure B (28.4 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: 25 May 2018