Joseph Russo v Blacktown City Council

[2017] NSWLEC 1622

Land and Environment Court

New South Wales

Medium Neutral Citation:	Joseph Russo v Blacktown City Council [2017] NSWLEC 1622
Hearing dates:	Conciliation conference on 3 November 2017
Date of orders:	07 November 2017
Decision date:	07 November 2017
Jurisdiction:	Class 1
Before:	Brown C
Decision:	See (5) below
Catchwords:	DEVELOPMENT APPLICATION: construction of 320 units above basement parking; conciliation conference; agreement between the parties; orders
Legislation Cited:	Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Joseph Russo (Applicant) Blacktown City Council (Respondent)
Representation:	Solicitors: Mr U Coustas, Lexington Law Group Pty Ltd (Applicant) Ms L Farrugia, Bartier Perry Lawyers (Respondent)
File Number(s):	2017/234186
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal against the refusal of Development application No. SPP-16-04466 for the construction of 320 units above basement parking in two stages on Lot 61 in Deposited Plan 30186 and known as 25 Macquarie Road, Rouse Hill,

2. 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”.

3. 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.

4. 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.

5. 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 No. SPP-16-04466 for the construction of 320 units above basement parking in two stages on Lot 61 in Deposited Plan 30186, otherwise known as 25 Macquarie Road, Rouse Hill, is approved subject to the conditions of consent set out in Annexure “A”.

……………………….

Commissioner Brown

Annexure A (C) (495 KB, pdf)