LegPro Pty Ltd v Penrith City Council [2016] NSWLEC 1352

Land and Environment Court New South Wales

Medium Neutral Citation: LegPro Pty Ltd v Penrith City Council [2016] NSWLEC 1352 Hearing dates: Conciliation conference on 21 July & 16 August 2016 Date of orders: 16 August 2016 Decision date: 16 August 2016 Jurisdiction: Class 1 Before: Brown C Decision: See (5) below Catchwords: DEVELOPMENT APPLICATION: construction of dwellings and subdivision and associated road construction and drainage; 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: LegPro Pty Ltd (Applicant) Penrith City Council (Respondent) Representation: Mr M Sonter, Mills Oakley (Applicant) Mr P Couch, Sparke Helmore Lawyers (Respondent) File Number(s): 2016/160270 Publication restriction: No

Judgment 1. COMMISSIONER: This is an appeal against the refusal of Development Application No 15/0992 for the construction of dwellings and subdivision of Lots 102 in DP 116542 and Lot 31 DP 520322 , being 89A and 89B O'Connell Street, Caddens. 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 Applicant is granted leave to rely on the amended plans as identified in Condition 1 of Annexure 'A'. 2. The Applicant is to pay the Respondent's costs pursuant to section 97B of the Environmental Planning and Assessment Act 1979 agreed in the sum of $1. 3. The appeal is upheld. 4. Development application no. DA 15/0992 for residential subdivision into 99 Torrens Title lots and associated road construction, drainage works and earthworks on Lot 102 DP 1166542 and Lot 31 DP520322, otherwise known as 89A and 89B O'Connell Street Caddens. ……………. G T Brown Commissioner 160270.16 - Annexure A (136 KB, pdf) DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 23 August 2016