Kembla Homes Pty Ltd v Blacktown City Council [2018] NSWLEC 1441

Kembla Homes Pty Ltd v Blacktown City Council [2018] NSWLEC 1441

An agreement under s 34(3) of the Land and Environment Court Act 1979 having been reached and found acceptable, the Commissioner is required to make orders to dispose of the proceedings in accordance with that agreement, without a merit assessment of the original issues.

Parties
Applicant: Kembla Homes Pty Ltd; Respondent: Blacktown City Council
Jurisdiction
Australia
Judgment Date
17 August 2018
Procedural Posture
Appeal / Conciliation Conference; Final Orders
Outcome
Appeal upheld; development application approved subject to conditions; costs ordered
Legal Topics
Development Application, Conciliation Conference, Approval, Costs Order
Planning and Environment Law Development Application Conciliation Conference Approval Costs Order

Case Brief

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Parties

Kembla Homes Pty Ltd

Applicant

Blacktown City Council

Respondent

Procedural Posture

Appeal / Conciliation Conference; Final Orders

Legal Issues

  1. 1 Whether agreement could be reached under s 34(3) of the Land and Environment Court Act 1979 for approval of a townhouse development following a conciliation conference
  2. 2 Whether the Court should dispose of the proceedings in accordance with the parties’ agreement

Ratio Decidendi

An agreement under s 34(3) of the Land and Environment Court Act 1979 having been reached and found acceptable, the Commissioner is required to make orders to dispose of the proceedings in accordance with that agreement, without a merit assessment of the original issues.

Court Disposition

Appeal upheld; development application approved subject to conditions; costs ordered

Orders

  • The Applicant is granted leave to rely upon amended material as listed.
  • The appeal is upheld.