Rahme v Blacktown City Council

[2018] NSWLEC 1453

Land and Environment Court

New South Wales

Medium Neutral Citation:	Rahme v Blacktown City Council [2018] NSWLEC 1453
Hearing dates:	Conciliation conferences on 18 June 2018; 9 & 16 July 2018
Date of orders:	21 August 2018
Decision date:	21 August 2018
Jurisdiction:	Class 1
Before:	Dickson C
Decision:	See [4] below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Environmental and Planning Assessment Act 1979 Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Eddie Rahme (Applicant) Blacktown City Council (Respondent)
Representation:	Solicitors: E Whitney, Colin Biggers & Paisley (Applicant) L Raffaele, Bartier Perry (Respondent)
File Number(s):	2018/71349
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 s 34(3) of the Land and Environment Court Act 1979 are:

1. The Applicant is granted leave to rely upon the following amended material, copies of which are behind Annexure ‘A’:

Clause 4.6 Departure – Height prepared by Think Planners dated 26 June 2018

2. The appeal is upheld.

3. The Applicant is to pay the Respondent’s costs under section 8.15(3) of the Environmental and Planning Assessment Act 1979 as agreed or assessed.

4. Development Application No. DA-17-02175, as amended, for the construction of a residential flat building comprising of 81 residential units (9x1 bedroom units, 67x2 bedroom units and 5x3 bedroom units) and 101 car parking spaces within the lower ground and basement levels with associated landscaping works and strata subdivision at 22 Boundary Road, Schofields, is approved subject to the conditions in Annexure ‘B’.

……………………….

D Dickson

Commissioner of the Court

Annexure A (16.5 MB, pdf)    Annexure B (229 KB, pdf)