Kembla Homes Pty Ltd v Blacktown City Council

[2018] NSWLEC 1441

Land and Environment Court

New South Wales

Medium Neutral Citation:	Kembla Homes Pty Ltd v Blacktown City Council [2018] NSWLEC 1441
Hearing dates:	Conciliation conference on 17 August 2018
Date of orders:	17 August 2018
Decision date:	17 August 2018
Jurisdiction:	Class 1
Before:	Chilcott 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:	Kembla Homes Pty Ltd (Applicant) Blacktown City Council (Respondent)
Representation:	Solicitors: D Baird, Baird Lawyers (Applicant) L Raffaele, Bartier Perry (Respondent)
File Number(s):	2018/11975
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 s 34(3) of the Land and Environment Court Act 1979 are:

1. The Applicant is granted leave to rely upon the following amended material, copies of which are behind Annexure ‘A’:

Amended Waste Management Plan prepared by Dickens Solutions dated July 2018

BASIX Certificate No. 833405M_02 dated 26 July 2018

Nathers Certificate No. TY5TZAA57S dated 26 July 2018

2. The appeal is upheld.

3. The Applicant is to pay the Respondent’s costs under section 8.15(3) of the Environmental and Planning Assessment Act 1979 as agreed or assessed.

4. Development Application No. DA-17-01539, as amended, for the construction of a townhouse development comprising 47 dwellings and strata subdivision at 103 Kensington Park Road, Riverstone, is approved subject to the conditions in Annexure ‘B’

……………………….

Michael Chilcott

Commissioner of the Court

Annexure A (7.73 MB, pdf)

Annexure B (348 KB, pdf)

Decision last updated: 20 August 2018