Land and Environment Court New South Wales Medium Neutral Citation: Andorra Developments Pty Ltd v Dubbo City Council [2018] NSWLEC 1421 Hearing dates: Conciliation conference on 12, 13 and 15 June 2018; 12 and 30 July 2018; 6 August 2018 Date of orders: 06 August 2018 Decision date: 06 August 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: Andorra Developments Pty Ltd (Applicant) Dubbo City Council (1st Respondent) Heritage Council of New South Wales (2nd Respondent) Representation: Solicitors: P Vergotis, McCabes Lawyers (Applicant) J Corradini-Bird, Marsdens Law Group (1st Respondent) E Ryan, Department of Planning and Environment (2nd Respondent) File Number(s): 2017/269324 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. 10.2017.199.1 and to rely upon the following amended plans and documents: Plan No Name Revision Prepared by Dated TP01 Title Sheet J Geolyse 25/06/18 TP02 Site Locality Plan J Geolyse 25/06/18 TP03 Existing Site Layout Plan J Geolyse 25/06/18 TP04 Existing Zones Layout Plan J Geolyse 25/06/18 TP05 Master Plan J Geolyse 25/06/18 TP06 Land Use Master Plan J Geolyse 25/06/18 TP07 Master Plan – Pathways J Geolyse 25/06/18 TP08 Overall Stormwater Management Plan J Geolyse 25/06/18 TP09 Proposed Pathways Plan Stage 2 J Geolyse 25/06/18 TP10 Heritage Works Plan J Geolyse 25/06/18 TP11 Stage 3 Lot Subdivision of Lot 11 J Geolyse 25/06/18 in DP1050240 TP12 Stage 1 Zone Plan J Geolyse 25/06/18 TP13 Stage 1 Aerial Layout Plan J Geolyse 25/06/18 TP14 Stage 1 Vegetation Clearing Plan J Geolyse 25/06/18 TP15 Stage 2 Twelve Lot Subdivision of Lots 1 J Geolyse 25/06/18 & 2 (Stage 1) into Lots 4 to 15 TP16 Stage 2 Zone Plan J Geolyse 25/06/18 TP17 Stage 2 Twelve Lot Subdivision – Vegetation J Geolyse 25/06/18 Retained TP18 Stage 2 Landscaping J Geolyse 25/06/18 TP19 Stage 2 Cobra Street Signalised Intersection J Geolyse 25/06/18 Layout Plan TP20 Stage 2 Road 1 Roundabout Layout Plan J Geolyse 25/06/18 TP21 Palmer Street Roundabout Layout Plan J Geolyse 25/06/18 TP22 Stage 2 Typical Road Cross Sections Sheet J Geolyse 25/06/18 1 of 2 TP23 Stage 2 Typical Road Cross Sections Sheet J Geolyse 25/06/18 2 of 2 TP24 Stage 2 Road 1 Vehicle Sweep Paths K Geolyse 18/07/18 TP25 Stage 2 Concept Stormwater Reticulation J Geolyse 25/06/18 Plan TP26 Stage 2 Concept Sewer Reticulation Plan J Geolyse 25/06/18 TP27 Stage 2 Concept Water Reticulation Plan J Geolyse 25/06/18 TP28 Stage 3 Four Lot Community Subdivision of J Geolyse 25/06/18 Lot 8 (Stage 2) TP29 Stage 3 – Landscaping J Geolyse 25/06/18 TP30 Example of Proposed Heritage and J Geolyse 25/06/18 Biodiversity Conservation TP31 Former Dubbo RAAF Base EMZ Landscape V2 Andorra Developments June 2018 Masterplan Pty Ltd 1. The appeal is upheld. 2. Development consent is granted to Development Application No. 10.2017.199.1 for subdivision of Lot 11 DP 1050240 (Palmer Street, Dubbo) in 5 stages and associated works including dismantling works, earthworks, vegetation clearing and construction of intersections and roads to the condition of consent annexed hereto and marked "A". 3. The Applicant is to pay the First 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, as agreed or assessed. ………………………. Susan O'Neill Commissioner of the Court Annexure A (469 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: 13 August 2018