Land and Environment Court New South Wales Medium Neutral Citation: Pioneer Street Development Pty Ltd v Blacktown City Council [2018] NSWLEC 1368 Hearing dates: Conciliation conference on 26 June 2018 Date of orders: 20 July 2018 Decision date: 20 July 2018 Jurisdiction: Class 1 Before: Smithson C Decision: See [4] below Catchwords: DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: Pioneer Street Development Pty Ltd (Applicant) Blacktown City Council (Respondent) Representation: Solicitors: E Fleming, SWAAB Attorneys (Applicant) D Loether, Bartier Perry (Respondent) File Number(s): 2018/77778 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 amend development application No. DA-17-01927 and to rely upon the following amended plans and further documents: Drawing No. and Revision Plan Name Date Cover Page Architex Job No. 2333 01, Issue C Site Analysis 27.06.18 02, Issue C Site Plan 27.06.18 03, Issue C Basement 2 27.06.18 04, Issue C Basement 1 27.06.18 05, Issue C Level 1 27.06.18 06, Issue C Level 2 27.06.18 07, Issue C Level 3 27.06.18 08, Issue C Level 4 27.06.18 09, Issue C Level 5 27.06.18 10, Issue C Roof level 27.06.18 11, Issue C Streetscape and Elevation 2 27.06.18 12, Issue C Elevations 3 and 4 27.06.18 13, Issue C Sections 27.06.18 13a, Issue C Details 27.06.18 14, Issue C Ramp Sections 27.06.18 15, Issue C Typical and Post Adaptable Level 1 27.06.18 16, Issue C Typical and Post Adaptable Levels 2 and 3 27.06.18 17, Issue C Typical Layout Level 4 27.06.18 18, Issue C Typical Layout Level 5 27.06.18 19, Issue C Shadow Diagram 27.06.18 20, Issue C Shadow Diagram 27.06.18 21, Issue C Shadow Diagram 27.06.18 22, Issue C Solar Access and Ventilation Diagram 27.06.18 23, Issue C Common Open Space and Deep Soil Diagram 27.06.18 24, Issue C Demolition Plan 27.06.18 1685.GD.0 –Issue D Landscape Plan – Level 1 28.06.18 1685.GD.02–Issue D Landscape Plan – Level 5 28.06.18 1685.GD.03-Issue D Landscape Details & Specification 28.06.18 Amended Waste Management Plan, prepared by Dickens Solutions, dated February 2018 Detailed Site Investigation Report, prepared by Aargus, dated 28 March 2018 Schedule of Finishes, prepared by Architex, Issue B Updated BASIX Certificate No. 845490M_02 1. The Applicant is to pay the Respondent's costs under s.8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed. 2. The Applicant's clause 4.6 written request dated 2 July 2018 to vary the height control is upheld. 3. The Appeal is upheld. 4. Development Application No. DA-17-01927 is approved for the demolition of five dwellings, the removal of trees and the erection of a residential flat building containing 54 apartments on Lots 213, 246, 245, 244 and 243 in DP 36201 known as 8-16 Pioneer Street, Seven Hills. ………………………. Commissioner Smithson Annexure A (184 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: 20 July 2018