Philip Byrum v Blacktown City Council

[2017] NSWLEC 1430

Land and Environment Court

New South Wales

Medium Neutral Citation:	Philip Byrum v Blacktown City Council [2017] NSWLEC 1430
Hearing dates:	Conciliation conference on 27 July 2017
Date of orders:	08 August 2017
Decision date:	08 August 2017
Jurisdiction:	Class 1
Before:	Dickson C
Decision:	See [5] below
Catchwords:	DEVELOPMENT APPEAL under s97(1) against refusal of an application for subdivision of an existing site into 8 torrens title allotments –amendment to road pattern in Blacktown Growth Centres DCP - conciliation conference – agreement between the parties - orders
Legislation Cited:	Land and Environment Court Act 1979 Environmental Planning and Assessment Act 1979
Cases Cited:	Nil
Texts Cited:	Nil
Category:	Principal judgment
Parties:	Mr Philip Byrum (Applicant) Blacktown City Council (Respondent)
Representation:	Mr J Baird (Solicitor) (Applicant) Mr D Creais (Solicitor) (Respondent)
File Number(s):	2017/145600
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal, under s97 of the Environmental Planning and Assessment Act 1979, against Council’s refusal of development application number DA16-03624. The application sought approval for demolition of existing structures and subdivision of the existing allotment into eight torrens title allotments. The development is proposed at 28 Alex Avenue Schofields.

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, 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 are:

1. The appeal is upheld;

2. Development application No. DA 16-03624 for demolition of existing structures, Torrens title subdivision into 8 residential lots with associated subdivision works, the construction of a two storey dwelling house on proposed Lots 101,104 & 105 and building envelope plans for proposed Lots 102 & 103 on Lot 70 in DP 803988, otherwise known as 28 Alex Avenue, Schofields, is approved subject to the conditions contained at Annexure “A”.

…………….

D M Dickson

Commissioner of the Court

145600.17 (C).docx (1.55 MB, pdf)