RPC Rogers Street Holdings Pty Ltd v Penrith City Council

[2016] NSWLEC 1364

Land and Environment Court

New South Wales

Medium Neutral Citation:	RPC Rogers Street Holdings Pty Ltd v Penrith City Council [2016] NSWLEC 1364
Hearing dates:	Conciliation conference on 8 & 16 February, 1 April, 2 & 27 May and 23 August 2016
Date of orders:	25 August 2016
Decision date:	25 August 2016
Jurisdiction:	Class 1
Before:	Morris 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:	RPC Rogers Street Holdings Pty Ltd (Applicant) Penrith City Council (Respondent)
Representation:	Solicitors: Norton Rose Fulbright (Applicant) Sparke Helmore Lawyers (Respondent)
File Number(s):	154015/2016
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 rely on the amended plans as identified in Condition 1 of the conditions annexed hereto and marked “A”.

2. Pursuant to s97B of the Environmental Planning and Assessment Act 1979 (NSW), the Applicant is to pay the Respondent’s costs thrown away as a result of amending the development application, in the amount of $10,000 to be paid within 28 days of the date on which this agreement is signed by the parties’ representatives.

3. The written request under clause 4.6 of the Penrith Local Environmental Plan 2010 to vary the applicable maximum building height development standard to allow a maximum building height of 26.3 m is upheld.

4. The appeal is upheld.

5. Development Consent is granted to Development Application No. 15/0977, subject to the conditions annexed hereto and marked “A”.

…………….

Sue Morris

Commissioner

154015.2016 Morris (C Annexure A) (239 KB, pdf)

Decision last updated: 30 August 2016