Construction Technologies Australia Pty Ltd v Blacktown City Council

[2016] NSWLEC 1301

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Construction Technologies Australia Pty Ltd v Blacktown City Council [2016] NSWLEC 1301
Hearing dates:	Conciliation conference on 27 April, 3, 24 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:	Modification application; deletion of car spaces, structural adequacy of slab following modification to allow machinery installation; conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Construction Technologies Australia Pty Ltd (Applicant) Blacktown City Council (Respondent)
Representation:	Solicitors: Mr S. D'Emilio, Fong D'Emilio Lawyers Pty Ltd (Applicant) Mr A. Seton, Ms P. Hudson, Marsdens Law Group (Respondent)
File Number(s):	159535 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 Applicant is granted leave to amend its Class 1 application by:

1. removing reliance on amendments made on 4 November 2015 to modification application 15-1164 (as lodged on 22 May 2015);

2. including proposed strengthening works in accordance with the Neilly Davies Consulting Engineers design plans entitled ‘Proposed alterations and additions at 2 Prime Drive, Seven Hills for FD Commercial Lawyers’, sheets S01 and S02, dated 25 May 2016;

3. removing reference to proposed temporary removal of 4 car spaces from the basement, in favour of a permanent removal of those spaces.

2. The appeal is upheld.

3. Modification application 15-1164 as amended pursuant to order 1, being to modify development consent DA -08-3044 for the construction of an industrial factory/warehouse building with associated offices, ancillary showroom, basement car park and landscaping at Lot 102 DP 1072447, known as 2 Prime Drive, Seven Hills is approved subject to the conditions of consent annexed and marked “A”.

4. As a consequence of order 3, development consent DA-08-3044 is subject to the consolidated, modified conditions of consent as set out in Annexure “B”.

…………….

R Hussey

Acting Commissioner

159535.16 - Annexure A (18.2 KB, pdf)

159535.16 - Annexure B (172 KB, pdf)

159535.16 - Plan 1 (157 KB, pdf)

159535.16 - Plan 2 (57.4 KB, pdf)

159535.16 - Plan 3 (89.8 KB, pdf)

Amendments

25 July 2016 - Typographical errors corrected in paragraph 4.