Land and Environment Court New South Wales Medium Neutral Citation: Rahme v Blacktown City Council [2018] NSWLEC 1453 Hearing dates: Conciliation conferences on 18 June 2018; 9 & 16 July 2018 Date of orders: 21 August 2018 Decision date: 21 August 2018 Jurisdiction: Class 1 Before: Dickson C Decision: See [4] below Catchwords: DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders Legislation Cited: Environmental and Planning Assessment Act 1979 Land and Environment Court Act 1979 Category: Principal judgment Parties: Eddie Rahme (Applicant) Blacktown City Council (Respondent) Representation: Solicitors: E Whitney, Colin Biggers & Paisley (Applicant) L Raffaele, Bartier Perry (Respondent) File Number(s): 2018/71349 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 Cover Sheet Zhinar Architects DA 01, issue C Site Analysis Zhinar Architects 25 June 2018 DA 02, issue C Site Plan Zhinar Architects 25 June 2018 DA 03, issue C Basement Zhinar Architects 25 June 2018 DA 04, issue C Lower Ground Zhinar Architects 25 June 2018 DA 05, issue C Ground Floor Zhinar Architects 25 June 2018 DA 06, issue C Level 1 Zhinar Architects 25 June 2018 DA 07, issue C Level 2 Zhinar Architects 25 June 2018 DA 08, issue C Level 3 Zhinar Architects 25 June 2018 DA 09, issue C Level 4 Zhinar Architects 25 June 2018 DA 10, issue C Roof Plan Zhinar Architects 25 June 2018 DA 11, issue C Section Zhinar Architects 25 June 2018 DA 12, issue C Elevations Zhinar Architects 25 June 2018 DA 13, issue C Elevations Zhinar Architects 25 June 2018 DA 14, issue C Material Schedule Zhinar Architects 25 June 2018 DA 15, issue C Shadow Diagrams Zhinar Architects 25 June 2018 DA 16, issue C Height Study Zhinar Architects 25 June 2018 SP05, issue B Details Sections Zhinar Architects 25 June 2018 SP09, issue B Shadow Diagrams Zhinar Architects 25 June 2018 SP10, issue A Treatment Detail Zhinar Architects 25 June 2018 Sheet 1, issue E Master Plan – Ground Floor & Lower Ground Floor Paul Scrivener Landscape Architecture 25 June 2018 Sheet 2, issue E Landscape Plan – Levels 3 and 4 Paul Scrivener Landscape Architecture 25 June 2018 Sheet 3, issue E Planting Plan – Ground Floor & Lower Ground Floor Paul Scrivener Landscape Architecture 25 June 2018 Sheet 4, issue E Calculations Plan Paul Scrivener Landscape Architecture 25 June 2018 D00, revision C Cover Sheet, Legend and Drawing Schedule Loka Consulting Engineers 12 July 2018 D01-1, revision D Basement Stormwater Drainage Plan Full Plan Loka Consulting Engineers 12 July 2018 D01-2, revision D Basement Stormwater Drainage Plan – Detail 1 Loka Consulting Engineers 12 July 2018 D01-3, revision D Basement Stormwater Drainage Plan – Detail 2 Loka Consulting Engineers 12 July 2018 D02, revision B Basement Stormwater Drainage Details Loka Consulting Engineers 12 July 2018 D03-1, revision E Lower Ground Floor Stormwater Drainage Full View Loka Consulting Engineers 13 July 2018 D03-2, revision E Lower Ground Stormwater Drainage – Detail 1 Loka Consulting Engineers 13 July 2018 D03-3, revision E Lower Ground Stormwater Drainage – Detail 2 Loka Consulting Engineers 13 July 2018 D04-1, revision E Ground Floor Stormwater Drainage Full View Loka Consulting Engineers 13 July 2018 D04-2, revision E Ground Floor Stormwater Drainage – Detail 1 Loka Consulting Engineers 13 July 2018 D04-3, revision E Ground Floor Stormwater Drainage – Detail 2 Loka Consulting Engineers 13 July 2018 D05, revision B Site Stormwater Drainage Details Loka Consulting Engineers 13 July 2018 D06, revision B Erosion and Sediment Control Plan and Details Loka Consulting Engineers 13 July 2018 D7, revision E Catchment Plan and Music Result Loka Consulting Engineers 13 July 2018 D08, revision D SEI Music Model & Music Link Report Loka Consulting Engineers 13 July 2018 Revised Traffic and Parking Assessment Report prepared by Varga Traffic Planning Pty Ltd dated 26 Jun 2018 Clause 4.6 Departure – Height prepared by Think Planners dated 26 June 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-17-02175, as amended, for the construction of a residential flat building comprising of 81 residential units (9x1 bedroom units, 67x2 bedroom units and 5x3 bedroom units) and 101 car parking spaces within the lower ground and basement levels with associated landscaping works and strata subdivision at 22 Boundary Road, Schofields, is approved subject to the conditions in Annexure 'B'. ………………………. D Dickson Commissioner of the Court Annexure A (16.5 MB, pdf) Annexure B (229 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: 27 August 2018