Plumpton Park Developments Pty Ltd v Blacktown City Council

[2018] NSWLEC 1137

Land and Environment Court

New South Wales

Medium Neutral Citation:	Plumpton Park Developments Pty Ltd v Blacktown City Council [2018] NSWLEC 1137
Hearing dates:	Conciliation conference on 21 September 17, 7 November 2017 and 16 March 2018
Date of orders:	16 March 2018
Decision date:	16 March 2018
Jurisdiction:	Class 1
Before:	Chilcott 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:	Plumpton Park Developments Pty Ltd (Applicant) Blacktown City Council (Respondent)
Representation:	Solicitors: Kate Marginson, Mills Oakley (Applicant) Stuart Simington, Lindsay Taylor Lawyers (Respondent)
File Number(s):	2017/147101
Publication restriction:	No

Judgment

1. 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”.

2. 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.

3. 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.

4. The final orders to give effect to the parties’ agreement under s34(3) of the Land and Environment Court Act 1979 are:

1. The Appeal is upheld.

2. Development Application SPP-16-04464 for the construction and use of a 1 – 2 storey shopping centre including basement, at grade parking, landscaping and signage (as amended) is approved subject to the conditions set out in Annexure “A” and plans at Annexure “B”.

……………………….

Michael Chilcott

Commissioner of the Court

Annexure A (502 KB, pdf)

Annexure B - Part1 (7.63 MB, pdf)

Annexure B - Part2 (10.2 MB, pdf)

Annexure B - Part3 (2.68 MB, pdf)