Land and Environment Court New South Wales Medium Neutral Citation: Nakhle v The Hills Shire Council [2018] NSWLEC 1408 Hearing dates: Conciliation conference on 3 August 2018 Date of orders: 03 August 2018 Decision date: 03 August 2018 Jurisdiction: Class 1 Before: Chilcott 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: Peter Nakhle (Applicant) The Hills Shire Council (Respondent) Representation: Solicitors: P Rigg, Peter R Rigg (Applicant) J Corradini-Bird, Marsdens Law Group (Respondent) File Number(s): 2017/276879 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 s 34(3) of the Land and Environment Court Act 1979 are: 1. The Applicant is granted leave to amend Development Application No. 2023/2017/JP and to rely upon the following amended plans and documents: DRAWING DESCRIPTION PREPARED BY REV DATE DA0002 Calculations iDraft Architects 6 26.06.18 DA0004 Site Plan and Subdivision Plan iDraft Architects 6 26.06.18 DA0006 Demolition and Sediment Control Plan iDraft Architects 6 26.06.18 DA0007 Staging Plan – Stage 1 iDraft Architects 6 26.06.18 DA0008 Staging Plan – Stage 2 iDraft Architects 6 26.06.18 DA0009 Staging Plan – Stage 3 iDraft Architects 6 26.06.18 DA0101 Overall Floor Plans – Sheet 1 iDraft Architects 6 26.06.18 DA0102 Overall Floor Plans – Sheet 2 iDraft Architects 6 26.06.18 DA0111 Basement Plan – Sheet 1 iDraft Architects 6 26.06.18 DA0112 Basement Plan – Sheet 2 iDraft Architects 6 26.06.18 DA0113 Basement Plan – Sheet 3 iDraft Architects 6 26.06.18 DA0121 Ground Floor Plan – Sheet 1 iDraft Architects 6 26.06.18 DA0122 Ground Floor Plan – Sheet 2 iDraft Architects 6 26.06.18 DA0123 Ground Floor Plan – Sheet 3 iDraft Architects 6 26.06.18 DA0131 First Floor Plan – Sheet 1 iDraft Architects 6 26.06.18 DA0132 First Floor Plan – Sheet 2 iDraft Architects 6 26.06.18 DA0133 First Floor Plan – Sheet 3 iDraft Architects 6 26.06.18 DA0141 Attic Plan – Sheet 1 iDraft Architects 6 26.06.18 DA0142 Attic Plan – Sheet 2 iDraft Architects 6 26.06.18 DA0143 Attic Plan – Sheet 3 iDraft Architects 6 26.06.18 DA0201 Elevations – Sheet 1 iDraft Architects 6 26.06.18 DA0202 Elevations – Sheet 2 iDraft Architects 6 26.06.18 DA0301 Sections – Sheet 1 iDraft Architects 6 26.06.18 DA0401 Details – Adaptable Unit, Fence Types iDraft Architects 6 26.06.18 DA-L101 Landscape General Layout Plan Canvas Landscape Architects E 19/06/18 DA-L102 Landscape Plan 01: Ground Fr Canvas Landscape Architects E 19/06/18 DA-L103 Landscape Plan 03: Ground Fr Canvas Landscape Architects E 19/06/18 DA-L104 Landscape Plan 04: Ground Fr Canvas Landscape Architects E 19/06/18 DA-L101 Landscape General Layout Plan Canvas Landscape Architects C 19/06/18 DA-L102 Landscape Plan 01: Ground Fr Canvas Landscape Architects C 19/06/18 DA-L103 Landscape Plan 03: Ground Fr Canvas Landscape Architects C 19/06/18 DA-L104 Landscape Plan 04: Ground Fr Canvas Landscape Architects C 19/06/18 C01 Civil Works Layout Plans Sheet 1 of 2 Australian Consulting Engineers C 15.06.18 C02 Civil Works Layout Plans Sheet 2 of 2 Australian Consulting Engineers C 15.06.18 C60 Bulk Earthworks Layout Plan Sheet 1 of 2 Australian Consulting Engineers C 15.06.18 C61 Bulk Earthworks Layout Plan Sheet 2 of 2 Australian Consulting Engineers C 15.06.18 101 Stormwater Concept Plan Basement Level Sheet 1 of 3 Australian Consulting Engineers E 13/06/18 102 Stormwater Concept Plan Basement Level Sheet 2 of 3 Australian Consulting Engineers E 13/06/18 103 Stormwater Concept Plan Basement Level Sheet 3 of 3 Australian Consulting Engineers E 13/06/18 104 Stormwater Concept Plan Ground Level Sheet 1 of 3 Australian Consulting Engineers E 13/06/18 105 Stormwater Concept Plan Ground Level Sheet 2 of 3 Australian Consulting Engineers E 13/06/18 106 Stormwater Concept Plan Ground Level Sheet 3 of 3 Australian Consulting Engineers E 13/06/18 107 Catchment Plan Australian Consulting Engineers E 13/06/18 108 OSD & WSUD Details Sheet 1 of 3 Australian Consulting Engineers E 13/06/18 109 OSD & WSUD Details Sheet 2 of 3 Australian Consulting Engineers E 13/06/18 110 OSD & WSUD Details Sheet 3 of 3 Australian Consulting Engineers E 13/06/18 111 Miscellaneous Details Sheet Australian Consulting Engineers E 13/06/18 112 Sediment & Erosion Control Plan Sheet 1 of 2 Australian Consulting Engineers E 13/06/18 113 Sediment & Erosion Control Plan Sheet 2 of 2 Australian Consulting Engineers E 13/06/18 DOCUMENT TITLE PREPARED BY DATE Detailed Site Investigation STS GeoEnvironmental March 2018 Dam Dewatering Assessment Martens Consulting Engineers February 2018 Addendum to Tree Inspection Report Treehaven Environscapes 25/01/18 1. The appeal is upheld. 2. Development consent is granted to Development Application No. 2023/2017/JP seeking consent for the demolition of existing structures, tree removal, dam dewatering, subdivision and construction of multi-dwelling housing comprised of 55 dwellings (16 x 3 bedroom and 39 x 4 bedroom) over one level of basement car parking with 126 spaces (110x residential and 16x visitor) and 20x bicycle spaces, 2x motorcycle spaces and 1x carwash bay, with associated landscaping on the land at 31 Mason Road, Box Hill subject to the condition of consent annexed hereto and marked "A". 3. The Applicant is to pay the Respondent's costs thrown away as a result of the amendments pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, in the agreed amount of $7,000.00 within 21 days of these orders being made. ………………………. Michael Chilcott Commissioner of the Court Annexure A (436 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: 07 August 2018