Land and Environment Court New South Wales Medium Neutral Citation: JS Archictects Pty Ltd v Blacktown City Council [2017] NSWLEC 1452 Hearing dates: Conciliation Conference on 24 July,16 ,21 & 25 August 2017 Date of orders: 25 August 2017 Decision date: 25 August 2017 Jurisdiction: Class 1 Before: Martin SC Decision: See (4) below Catchwords: DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: JS Architects Pty Ltd (Applicant) Blacktown City Architects (Respondent) Representation: Solicitors: Mr P Vergotis (Applicant) Mr T O'Connor (Respondent) File Number(s): 96425 of 2017 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 appeal is upheld; 2. The applicant is granted leave to amend the development application by relying on the plans listed in condition 4.1.1 and 8.1.3 of annexure "A" 3. Deferred commencement consent is granted to Development Application No. 16-05071 for the demolition of existing structures, subdivision of land into forty five (45) residential lots, two (2) residue lots, de-watering of dam, construction of access roads and temporary detention basins subject to the conditions in annexure "A". 4. Pursuant to s97B(2) of the Environmental Planning and Assessment Act 1979, the applicant is to pay those costs of the respondent thrown away as a result of amending the development application, agreed in the sum of $3,000. ……………. Rosemary Martin Senior Commissioner 96425.17 (Annexure A) (484 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: 04 May 2018