Riverstone Parade Pty Limited v Blacktown City Council

[2016] NSWLEC 1552

Land and Environment Court

New South Wales

Medium Neutral Citation:	Riverstone Parade Pty Limited v Blacktown City Council [2016] NSWLEC 1552
Hearing dates:	Conciliation conference on 2, 29 September, 24 October, 9 & 15 November 2016
Date of orders:	22 November 2016
Decision date:	22 November 2016
Jurisdiction:	Class 1
Before:	Brown C
Decision:	See (5) below
Catchwords:	DEVELOPMENT APPLICATION: bulk earthworks for future development ; conciliation conference; agreement between the parties; orders
Legislation Cited:	Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Riverstone Parade Pty Limited (Applicant) Blacktown City Council (Respondent)
Representation:	Ms A Spizzo, Landerer & Company (Applicant) Mr P Couch, Sparke Helmore Lawyers (Respondent)
File Number(s):	2016/162060
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal against the refusal of DA16/03042 for the bulk earthworks to create areas for future development at 81 Riverstone Parade Riverstone.

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 under s34(3) of the Land and Environment Court Act 1979 are:

1. The appeal in respect of the property known as Lot 211, DP 830505, 81 Riverstone Parade, Riverstone, is upheld.

2. Development application No. DA16/03042 for the bulk earthworks to create areas for future development, including associated vegetation removal, site remediation, upgrades to the electrical transmission line, drainage works and extended construction hours is approved subject to the conditions contained in Annexure “A”.

3. Each party pays its own costs of the proceedings.

…………….

Commissioner Brown

162060.16 Brown (C) (374 KB, pdf)