Australian Development Investments Holding Pty Ltd v Blacktown City Council

[2017] NSWLEC 1062

Land and Environment Court

New South Wales

Medium Neutral Citation:	Australian Development Investments Holding Pty Ltd v Blacktown City Council [2017] NSWLEC 1062
Hearing dates:	Conciliation conference on 7 February 2017
Date of orders:	14 February 2017
Decision date:	14 February 2017
Jurisdiction:	Class 1
Before:	Hussey C
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION: Residential Flat building containing 70 Units, solar access, cross flow ventilation, waste storage and collection, conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Australian Development Investments Holding Pty Ltd (Applicant) Blacktown City Council (Respondent) Sydney West Joint Regional Planning Panel (Respondent)
Representation:	J Wauchope, Dentons (Applicant) M Cottom, HWL Ebsworth Lawyers (Respondent)
File Number(s):	2016/305759
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 appeal is upheld.

2. Development Application DA15/02765 for the staged construction of buildings comprising residential apartments and ground level business/retail units; basement car parking comprising 1145 car parking spaces; associated landscaping and communal spaces, and civil engineering works including earthworks and stormwater works, over Lot 11 Section J in DP193074, Lot 110 in DP1200460, and Lot 12 in DP1190560, also known as 223 and 225 Grange Avenue, and 999 Richmond Road Marsden Park NSW 2765 is determined by the granting of consent subject to the conditions in Annexure "A".

…………….

R Hussey

Acting Commissioner

305759.16 Hussey (C) (127 KB, pdf)