Lees v Blacktown City Council
[2016] NSWLEC 1487
•12 October 2016
Land and Environment Court
New South Wales
Medium Neutral Citation: Lees v Blacktown City Council [2016] NSWLEC 1487 Hearing dates: Conciliation conference on 12 October 2016 Date of orders: 12 October 2016 Decision date: 12 October 2016 Jurisdiction: Class 1 Before: Hussey AC Decision: See (4) below
Catchwords: DEVELOPMENT APPLICATION: Two lot Torrens Title subdivision, drainage; conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: Tim Lees (Applicant)
Blacktown City Council (Respondent)Representation: Mr T Sattler, Sattler & Associates Pty Ltd (Applicant)
Mr D Loether, Bartier Perry (Respondent)
File Number(s): 2016/00227185 Publication restriction: No
Judgment
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ACTING 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”.
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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.
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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.
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The final orders to give effect to the parties’ agreement under s34(3) of the Land and Environment Court Act 1979 are:
The appeal is upheld.
Development Application No. 2016-03667 for the proposed Torrens Title subdivision of the existing lot (Lot 85 in Deposited Plan 11508) into 2 lots, on land known as 52 Cornelia Road, Toongabbie, is approved subject to the conditions contained at Annexure “A”.
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R Hussey
Acting Commissioner
227185.16 - Annexure A (113 KB, pdf)
Decision last updated: 26 October 2016
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