Land and Environment Court New South Wales 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 1. The appeal is upheld. 1. 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 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 September 2016