Orion Consulting Engineers Pty Ltd v Blacktown City Council [2016] NSWLEC 1435

Land and Environment Court New South Wales

Medium Neutral Citation: Orion Consulting Engineers Pty Ltd v Blacktown City Council [2016] NSWLEC 1435 Hearing dates: Conciliation conference on 3 August and 3, 7, 8 and 21 September 2016 Date of orders: 21 September 2016 Decision date: 21 September 2016 Jurisdiction: Class 1 Before: Hussey AC Decision: See (4) below Catchwords: DEVELOPMENT APPLICATION: Torrens Title Subdivision for 104 lots, road layout, lot layout, impact on adjoining property, conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: ORION CONSULTING ENGINEERS PTY LTD (Applicant) BLACKTOWN CITY COUNCIL (Respondent) Representation: Mr D Baird, Baird Lawyers (Applicant) Mr D Leother, Bartier Perry (Respondent) File Number(s): 2016/158931 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 appeal is upheld. 2. The Applicant is granted leave to amend Development Application No. 16-02734 and to rely upon the amended plans listed in conditions 2.1.1 and 2.1.2, copies of which are behind Annexure "A". 3. Development Application No. 16-02734 (as amended) for the proposed Torrens title subdivision of 8 lots into 145 residential and 10 residue lots, associated earthworks, associated subdivision works, construction of new roads, demolition of existing structures, tree removal and site remediation on Lots 2, 3 & 4 in DP1459, Lots 1 & 2 in DP777321, Lots 1 & 2 in DP839188, Lot 1 in DP 135805 and Lots 5, 8, 9 & 10 in DP788571 known as 181-213 Garfield Road East, Riverstone, is approved subject to the conditions contained at Annexure "B" ……………. Acting Commissioner Hussey 158931.16 Hussey (C) Annexure A (8.25 MB, pdf) 158931.16 Hussey (C) Annexure B (419 KB, pdf)