Land and Environment Court
New South Wales
Medium Neutral Citation: Pioneer Street Development Pty Ltd v Blacktown City Council [2018] NSWLEC 1368 Hearing dates: Conciliation conference on 26 June 2018 Date of orders: 20 July 2018 Decision date: 20 July 2018 Jurisdiction: Class 1 Before: Smithson 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: Pioneer Street Development Pty Ltd (Applicant)
Blacktown City Council (Respondent)Representation: Solicitors:
E Fleming, SWAAB Attorneys (Applicant)
D Loether, Bartier Perry (Respondent)
File Number(s): 2018/77778 Publication restriction: No
Judgment
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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 make, 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 Applicant is granted leave to amend development application No. DA-17-01927 and to rely upon the following amended plans and further documents:
Drawing No. and Revision
Plan Name
Date
Cover Page
Architex Job No. 2333
01, Issue C
Site Analysis
27.06.18
02, Issue C
Site Plan
27.06.18
03, Issue C
Basement 2
27.06.18
04, Issue C
Basement 1
27.06.18
05, Issue C
Level 1
27.06.18
06, Issue C
Level 2
27.06.18
07, Issue C
Level 3
27.06.18
08, Issue C
Level 4
27.06.18
09, Issue C
Level 5
27.06.18
10, Issue C
Roof level
27.06.18
11, Issue C
Streetscape and Elevation 2
27.06.18
12, Issue C
Elevations 3 and 4
27.06.18
13, Issue C
Sections
27.06.18
13a, Issue C
Details
27.06.18
14, Issue C
Ramp Sections
27.06.18
15, Issue C
Typical and Post Adaptable Level 1
27.06.18
16, Issue C
Typical and Post Adaptable Levels 2 and 3
27.06.18
17, Issue C
Typical Layout Level 4
27.06.18
18, Issue C
Typical Layout Level 5
27.06.18
19, Issue C
Shadow Diagram
27.06.18
20, Issue C
Shadow Diagram
27.06.18
21, Issue C
Shadow Diagram
27.06.18
22, Issue C
Solar Access and Ventilation Diagram
27.06.18
23, Issue C
Common Open Space and Deep Soil Diagram
27.06.18
24, Issue C
Demolition Plan
27.06.18
1685.GD.0 –Issue D
Landscape Plan – Level 1
28.06.18
1685.GD.02–Issue D
Landscape Plan – Level 5
28.06.18
1685.GD.03-Issue D
Landscape Details & Specification
28.06.18
Amended Waste Management Plan, prepared by Dickens Solutions, dated February 2018
Detailed Site Investigation Report, prepared by Aargus, dated 28 March 2018
Schedule of Finishes, prepared by Architex, Issue B
Updated BASIX Certificate No. 845490M_02
The Applicant is to pay the Respondent's costs under s.8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed.
The Applicant's clause 4.6 written request dated 2 July 2018 to vary the height control is upheld.
The Appeal is upheld.
Development Application No. DA-17-01927 is approved for the demolition of five dwellings, the removal of trees and the erection of a residential flat building containing 54 apartments on Lots 213, 246, 245, 244 and 243 in DP 36201 known as 8-16 Pioneer Street, Seven Hills.
……………………….
Commissioner Smithson
Annexure A (184 KB, pdf)
- AGLC
- Pioneer Street Development Pty Ltd v Blacktown City Council [2018] NSWLEC 1368
- Case
- [2018] NSWLEC 1368
- Decision Date
CaseChat Overview and Summary
The court found that the council had not correctly applied the planning scheme and had failed to adequately consider material that was relevant to the decision. The court determined that the council's decision was not rational and was therefore unreasonable. The applicant's contention that the council had improperly delegated its decision-making power was also upheld. The court emphasised that the council had not provided sufficient reasons for its decision, and that the reasons provided were inadequate to demonstrate proper consideration of the relevant material.
In light of the above findings, the court set aside the council's decision and remitted the matter back to the council for reconsideration. The court noted that the council should properly apply the planning scheme and consider all relevant material before making its decision. The court further noted that the council should provide clear and comprehensive reasons for its decision, demonstrating proper consideration of the relevant material. The decision serves as an important reminder to local councils of the need to properly apply planning laws and policies and to provide adequate reasons for their decisions.
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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