Capital Residential Developments Pty Ltd v Blacktown City Council

[2016] NSWLEC 1311

Land and Environment Court

New South Wales

Medium Neutral Citation:	Capital Residential Developments Pty Ltd v Blacktown City Council [2016] NSWLEC 1311
Hearing dates:	Conciliation conference on 17 June, 15 July 2016
Date of orders:	15 July 2016
Decision date:	15 July 2016
Jurisdiction:	Class 1
Before:	Hussey AC
Decision:	See (4) below
Catchwords:	Development Application: Stage 1 concept application, site & road layout, residential envelopes 2-8 storeys, community park; conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Capital Residential Developments Pty Ltd (Applicant) Blacktown City Council (Respondent)
Representation:	Solicitors: Mr M. Sonter, Mills Oakley (Applicant) Mr C. Drury, Mr P. Couch, Sparke Helmore Lawyers (Respondent)
File Number(s):	162893 of 2016
Publication restriction:	No

Judgment

1. ACTING 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, 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 DA 15/1543 for a Stage 1 concept plan for 9 site and road layouts, 9 building envelopes and community park, Stage 2 detailed application for 5 to 7 storey residential apartment building containing 134 apartments at 60 Cudgegong Road and 99-107 Rouse Hill Road, Rouse Hill is approved subject to the conditions contained in Annexure “A”.

…………….

R Hussey   

Acting Commissioner

162893.16 Annexure A (286 KB, pdf)