Land and Environment Court New South Wales Medium Neutral Citation: R N & N R Tolsons Management Pty Ltd v Penrith City Council [2018] NSWLEC 1382 Hearing dates: Conciliation conference on 5 June 2018 Date of orders: 25 July 2018 Decision date: 25 July 2018 Jurisdiction: Class 1 Before: O'Neill 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: R N & N R Tolsons Management Pty Ltd (Applicant) Penrith City Council (Respondent) Representation: Counsel: A Pickles (Applicant) Solicitors: Shaddicks Lawyers (Applicant) C Drury, Sparke Helmore Lawyers (Respondent) File Number(s): 2018/64605 Publication restriction: Nil 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 Development Application DA/17/0579 by substituting the following plan as the plan relied upon for the purpose of the development application: Drawing No. Drawing Title Revision Prepared by Dated 94127:DA:1 Plan of Proposed Subdivision G McKinlay Morgan & Associates Pty Ltd 25/6/2018 1. Pursuant to section 8.15 of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the costs of the Respondent thrown away as a result of amending the development application, in the agreed sum of $500 within 28 days of the date of this agreement. 2. The appeal is upheld. 3. Development application DA/17/0579 for a Torrens Title subdivision of 1 lot into 4 lots at 102 Thomas Road, Londonderry is approved subject to the conditions contained in Annexure 'A' ……………………………… Susan O'Neill Commissioner of the Court Annexure A (C) 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 July 2018