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)
- AGLC
- Lees v Blacktown City Council [2016] NSWLEC 1487
- Case
- [2016] NSWLEC 1487
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the council had the authority to enforce a planning condition that required the property owner to install a stormwater management system. Lees argued that the condition was not enforceable because it had not been properly notified to the property owner at the time of the development approval. Additionally, Lees contended that the condition was not sufficiently specific and therefore could not be enforced. The court had to determine the validity of the planning condition and the process by which it was imposed.
In its decision, the court considered the statutory framework governing planning conditions and the procedural requirements for their imposition. The court found that the planning condition was indeed valid and enforceable. It held that the condition was properly notified to the property owner, despite a minor procedural lapse, and that the requirement for specificity did not render the condition invalid. The court concluded that the council had acted within its powers and the planning condition was enforceable. The appeal was dismissed, and the council's decision was upheld.
The court's final orders confirmed that the planning condition imposed by the Blacktown City Council was valid and enforceable. Lees was directed to comply with the condition by installing the required stormwater management system on the property. The court also awarded costs to the council, reflecting the outcome of the proceedings.
Orders
Orders of the court
See (4) below
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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