PreTech Properties Pty Ltd v Penrith City Council

[2016] NSWLEC 1432

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	PreTech Properties Pty Ltd v Penrith City Council [2016] NSWLEC 1432
Hearing dates:	Conciliation conference on 18 July, 12 and 29 August 2016
Date of orders:	07 September 2016
Decision date:	07 September 2016
Jurisdiction:	Class 1
Before:	Hussey AC
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION: Construction of townhouses, owners consent, density of development, on-site car parking, stormwater drainage, conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	PreTech Properties Pty Ltd (Applicant) PENRITH CITY COUNCIL (Respondent)
Representation:	Counsel: Mr S Nash (Respondent) Solicitors: Mr C Gough, Storey & Gough Lawyers(Applicant) Mr M Bullivant, Penrith City Council (Respondent)
File Number(s):	2016/154188
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, 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 Applicant is granted leave to amend the development application to rely on the following plans:

A01, Revision D      Site Plan & Ground Floor Plan

A02, Revision C      First Floor Plan

A03, Revision B      Elevations & Section

2. The appeal is upheld.

3. Development Application No. 14/1160 for the demolition of an existing dwelling and construction of 7 x 3 bedroom townhouses at 65 Jones Street, Kingswood NSW is approved subject to the conditions in Annexure “A”.

…………….

Acting Commissioner Hussey

154188.16 Hussey (C) (201 KB, pdf)

Amendments

23 September 2016 - Added Counsel for respondent