JS Archictects Pty Ltd v Blacktown City Council

[2017] NSWLEC 1452

Land and Environment Court

New South Wales

Medium Neutral Citation:	JS Archictects Pty Ltd v Blacktown City Council [2017] NSWLEC 1452
Hearing dates:	Conciliation Conference on 24 July,16 ,21 & 25 August 2017
Date of orders:	25 August 2017
Decision date:	25 August 2017
Jurisdiction:	Class 1
Before:	Martin SC
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Cases Cited:	Nil
Texts Cited:	Nil
Category:	Principal judgment
Parties:	JS Architects Pty Ltd (Applicant) Blacktown City Architects (Respondent)
Representation:	Solicitors: Mr P Vergotis (Applicant) Mr T O’Connor (Respondent)
File Number(s):	96425 of 2017
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 s34(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 condition 4.1.1 and 8.1.3 of annexure “A”

3. Deferred commencement consent is granted to Development Application No. 16-05071 for the demolition of existing structures, subdivision of land into forty five (45) residential lots, two (2) residue lots, de-watering of dam, construction of access roads and temporary detention basins subject to the conditions in annexure “A”.

4. Pursuant to s97B(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 $3,000.

…………….

Rosemary Martin

Senior Commissioner

96425.17 (Annexure A) (484 KB, pdf)