Bligh Street Pty Ltd v Blacktown City Council

[2017] NSWLEC 1700

Land and Environment Court

New South Wales

Medium Neutral Citation:	Bligh Street Pty Ltd v Blacktown City Council [2017] NSWLEC 1700
Hearing dates:	Conciliation conference on 7 November 2017
Date of orders:	07 December 2017
Decision date:	07 December 2017
Jurisdiction:	Class 1
Before:	Bish 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:	Bligh Street Pty Ltd (Applicant) Blacktown City Council (Respondent)
Representation:	Solicitors: Baird Lawyers (Applicant) Houston Dearn O'Connor (Respondent)
File Number(s):	2017/ 203689
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 appeal is upheld.

2. The applicant is granted leave to amend the development application by relying on the plans listed in conditions 2.1.1 and 2.1.2 of annexure “A” and by including in the application part of Lot 201 in DP 1007.

3. Development consent is granted to Development Application No. 16-05275 for the demolition of existing structures and tree removal, staged construction of an integrated housing development comprising 66 dwellings and subdivision into 27 Torrens title lots and 40 community title lots, construction of public roads and a private laneway, earthworks, retaining walls and temporary detention basins over 2 stages at Lots 3 and 4 Section G DP 712, Bligh Street, Riverstone and part Lot 201 DP 1007 subject to the conditions in annexure “A”.

4. Pursuant to s 97B(2) of the Environmental Planning and Assessment Act 1979, the applicant is to pay those costs of the respondent thrown away as a result of amending the development application, agreed in the sum of $ 4000.00

……………………….

Commissioner Bish

Annexure A (C) (563 KB, pdf)

Decision last updated: 07 December 2017