Dimora Projects Pty Limited v Blacktown City Council

[2016] NSWLEC 1215

Land and Environment Court

New South Wales

Medium Neutral Citation:	Dimora Projects Pty Limited v Blacktown City Council [2016] NSWLEC 1215
Hearing dates:	Conciliation conference on 30 March and 13 May 2016
Date of orders:	01 June 2016
Decision date:	01 June 2016
Jurisdiction:	Class 1
Before:	Morris 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:	DIMORA PROJECTS (Applicant) BLACKTOWN CITY COUNCIL (Respondent)
Representation:	Mr D Baird, Baird Lawyers (Applicant) Mr T O’Connor, Houston Dearn O’Connor (Respondent)
File Number(s):	152602/2016
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, 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 are:

1. The appeal is upheld.

2. The Applicant is granted leave to amend development application 14-1461 and to rely upon the amended plans listed in condition 2.1.1 of Annexure "A".

3. The Applicant is to pay the Respondent’s costs pursuant to s.97B of Environment Planning and Assessment Act 1979, as agreed or assessed.

4. Development Application 14-1461 for the demolition of existing structures construction of 26 units in a medium density development at 8-10 Hambledon Road Quakers Hill and Lot 2 Quakers Hill Parkway, Quakers Hill (being Lot 2191 DP809694, Lot 2201 DP816432 and Lot 2 DP785043) is approved subject to the conditions contained at Annexure “A”.

…………….

Commissioner Morris

152602.16 Morris (C) (243 KB, pdf)

152602.16 Morris_Architectural - 8-10 Hambledon Road, Quakers Hill Incl. Swept Paths 1.06... (8.66 MB, pdf)

152602.16 Morris_Landscape Plan Lot 2 & 8-10 Hambledon Road, Quakers Hill (1.66 MB, pdf)

152602.16 Morris_Plans (104 KB, pdf)

152602.16 Morris_Stormwater Plans Lot 2 & 8-10 Hambledon Road, Quakers Hill Issue B (2.56 MB, pdf)

152602.16 Morris_Swept Paths 1.06.16 8-10 Hambledon Road, Quakers Hill (2.62 MB, pdf)