Land and Environment Court New South Wales Medium Neutral Citation: Kembla Homes Pty Ltd v Blacktown City Council [2018] NSWLEC 1441 Hearing dates: Conciliation conference on 17 August 2018 Date of orders: 17 August 2018 Decision date: 17 August 2018 Jurisdiction: Class 1 Before: Chilcott 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: Kembla Homes Pty Ltd (Applicant) Blacktown City Council (Respondent) Representation: Solicitors: D Baird, Baird Lawyers (Applicant) L Raffaele, Bartier Perry (Respondent) File Number(s): 2018/11975 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 s 34(3) of the Land and Environment Court Act 1979 are: 1. The Applicant is granted leave to rely upon the following amended material, copies of which are behind Annexure 'A': Drawing reference Title Prepared by Date 00, Issue M Cover Sheet Architex 8 August 2018 04. Issue L Subdivision Plan and Strata Plan 13 July2 018 05, Issue L Lot 110 Site Plan 13 July 2018 06, issue M Lot 110 – Ground Floor Plan Architex 8 August 2018 07, Issue L Lot 110 – First Floor Plan Architex 13 July 2018 08, Issue L Lot 110 – Roof Plan Architex 13 July 2018 09, Issue L Lot 110 – Elevations Architex 13 July 2018 10, Issue L Lot 110 – Elevations Architex 13 July 2018 11, Issue L Lot 110 – Elevations Architex 13 July 2018 11A, Issue L Lot 110 – Elevations Architex 13 July 2018 15, Issue L Lot 111 – Site Plan Architex 13 July 2018 16, Issue M Lot 111 – Ground Floor Plan Architex 8 August 2018 17, Issue L Lot 111 – First Floor Plan Architex 13 July 2018 18, Issue L Lot 111 – Roof Plan Architex 13 July 2018 19, Issue L Lot 111 – Elevations Architex 13 July 2018 20, Issue L Lot 111 – Elevations Architex 13 July 2018 21, Issue L Lot 111 – Elevations Architex 13 July 2018 21A, Issue L Lot 111 – Elevations Architex 13 July 2018 21B, Issue L Lot 111 – Elevations Architex 13 July 2018 1650.GD.01, Issue E Landscape Plan – Lot 110 Greenland Design Landscape Architects 30 July 2018 1650.GD.02, Issue E Landscape Plan – Lot 110 Communal Open Space Greenland Design Landscape Architects 30 July 2018 1650.GD.03 Landscape Plan – Lot 111 Greenland Design Landscape Architects 30 July 2018 1650.GD.04 Landscape Details & Specification Greenland Design Landscape Architects 30 July 2018 T09, Revision D Swept Path Analysis for Heavy Rigid Vehicle Lot 110 Loka Consulting Engineers Pty Ltd 18 July 2018 T10, Revision D Swept Path Analysis for Heavy Rigid Vehicle Enter and Exit Lot 111 Loka Consulting Engineers Pty Ltd 23 July 2018 C00.01, Revision C General Notes Engineering Studio Civil & Structural 23 July 2018 C01.01, Revision C Sediment & Erosion Control Plan Engineering Studio Civil & Structural 23 July 2018 C02.01, Revision C Stormwater Drainage Plan Sheet 1 Engineering Studio Civil & Structural 23 July 2018 C02.02 Stormwater Drainage Sheet 2 Engineering Studio Civil & Structural 23 July 2018 C02.03 Stormwater Details Sheet 1 Engineering Studio Civil & Structural 23 July 2018 C02.04 Stormwater Details Sheet 2 Engineering Studio Civil & Structural 23 July 2018 Amended Waste Management Plan prepared by Dickens Solutions dated July 2018 BASIX Certificate No. 833405M_02 dated 26 July 2018 Nathers Certificate No. TY5TZAA57S dated 26 July 2018 1. The appeal is upheld. 2. The Applicant is to pay the Respondent's costs under section 8.15(3) of the Environmental and Planning Assessment Act 1979 as agreed or assessed. 3. Development Application No. DA-17-01539, as amended, for the construction of a townhouse development comprising 47 dwellings and strata subdivision at 103 Kensington Park Road, Riverstone, is approved subject to the conditions in Annexure 'B' ………………………. Michael Chilcott Commissioner of the Court Annexure A (7.73 MB, pdf) Annexure B (348 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 August 2018