Lauon Investments Pty Ltd and Chansons Investment Pty Ltd v Blacktown City Council

[2017] NSWLEC 1621

Land and Environment Court

New South Wales

Medium Neutral Citation:	Lauon Investments Pty Ltd & Chansons Investment Pty Ltd v Blacktown City Council [2017] NSWLEC 1621
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: demolition of existing structures and construction of a seven (7) storey residential flat building; 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:	Lauon Investments Pty Ltd & Chansons Investment Pty Ltd (Applicant) Blacktown City Council (Respondent)
Representation:	Solicitor: Mr D Tyrell, McKee Legal Solutions (Applicant) Ms K McLellan, Mardsens Law Group(Respondent)
File Number(s):	2017/110931
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal against the refusal of Development Application Number DA-16-04525 for the demolition of existing structures and construction of a seven (7) storey residential flat building containing 35 units with two levels of basement parking at 66 Kildare Road, Blacktown.

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 Applicant is granted leave to amend the development application and rely on the plans referred to in Condition 2.1.1 of Annexure “A” to this agreement.

2. Pursuant to section 97B(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, as agreed or assessed.

3. The Appeal is upheld.

4. Development Application Number DA-16-04525 for the demolition of existing structures and construction of a seven (7) storey residential flat building containing 35 units with two levels of basement parking at 66 Kildare Road, Blacktown, NSW (Lot 194 in Deposited Plan 13619) is approved subject to the conditions set out in Annexure “A” to this agreement.

……………………….

Commissioner Brown

110931.17 Brown (C) Annexure A (466 KB, pdf)

110931.17 Brown - Plans (9.65 MB, pdf)