Land and Environment Court New South Wales Medium Neutral Citation: Joseph Russo v Blacktown City Council [2017] NSWLEC 1622 Hearing dates: Conciliation conference on 3 November 2017 Date of orders: 07 November 2017 Decision date: 07 November 2017 Jurisdiction: Class 1 Before: Brown C Decision: See (5) below Catchwords: DEVELOPMENT APPLICATION: construction of 320 units above basement parking; 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: Joseph Russo (Applicant) Blacktown City Council (Respondent) Representation: Solicitors: Mr U Coustas, Lexington Law Group Pty Ltd (Applicant) Ms L Farrugia, Bartier Perry Lawyers (Respondent) File Number(s): 2017/234186 Publication restriction: No Judgment 1. COMMISSIONER: This is an appeal against the refusal of Development application No. SPP-16-04466 for the construction of 320 units above basement parking in two stages on Lot 61 in Deposited Plan 30186 and known as 25 Macquarie Road, Rouse Hill, 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 make, 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 appeal is upheld. 2. Development application No. SPP-16-04466 for the construction of 320 units above basement parking in two stages on Lot 61 in Deposited Plan 30186, otherwise known as 25 Macquarie Road, Rouse Hill, is approved subject to the conditions of consent set out in Annexure "A". ………………………. Commissioner Brown Annexure A (C) (495 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: 07 November 2017