Jian v Blacktown City Council [2016] NSWLEC 1640

Land and Environment Court New South Wales

Medium Neutral Citation: Jian v Blacktown City Council [2016] NSWLEC 1640 Hearing dates: Conciliation conference on 28 November, 12, 19 December 2016 Date of orders: 22 December 2016 Decision date: 22 December 2016 Jurisdiction: Class 1 Before: Martin SC Decision: See (4) below Catchwords: Brothel; conciliation conference; agreement between the parties; orders; Plan of Management Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: Bai Yi Jian (Applicant) Blacktown City Council (Respondent) Representation: Andrew Gough (Applicant) Steven Shneider (Respondent)

Solicitors: Storey & Gough Lawyers (Applicant) Houston Dearn O'Connor (Respondent) File Number(s): 2016/00257655 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 make, 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 an amended application by substituting the following architectural plans prepared by Lyall Marshall & Partners Pty Ltd as the plans relied upon for the purpose of the development application: 1. Drawing No. DOO, issue D, dated 6 December 2016; 2. Drawing No. D01, issue D, dated 6 December 2016; 3. Drawing No. D02, issue D, dated 6 December 2016; 4. Drawing No. D03, issue D, dated 6 December 2016; 5. Drawing No. 004, issue D, dated 6 December 2016; and 6. Drawing No. D05, issue D, dated 6 December 2016 Set out in Annexure "C". 1. The Applicant is granted leave to rely on an amended Plan of Management, Issue E and dated December 2016 set out in Annexure "B". 2. The Appeal is upheld. 3. Development Application No. DA-15-947 for the change of use of premises for use as a brothel at 7111-13 Foundry Road, Seven Hills, is approved subject to the conditions set out in Annexure "A". ……………. Rosemary Martin Senior Commissioner 257655.16 - Annexure A - Conditions of Consent (75.7 KB, pdf) 257655.16 - Annexure B - Plan of Management (35.9 KB, pdf) 257655.16 - Annexure C - Cover sheet (10.5 KB, pdf) 257655.16 - Annexure C - Amended Plans (13.6 MB, 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 December 2016