Malcolm Smith Pty Ltd v Blacktown City Council [2020] NSWLEC 1489

Malcolm Smith Pty Ltd v Blacktown City Council [2020] NSWLEC 1489

The parties' agreement, reached at a conciliation conference, addressed all jurisdictional and statutory prerequisites, including contamination assessment and compliance with planning controls. The Court is therefore required under s 34(3) of the Land and Environment Court Act 1979 to make orders in the terms of the parties' agreement, granting consent to the development application as amended and subject to conditions.

Parties
Applicant: Malcolm Smith Pty Ltd; Respondent: Blacktown City Council
Jurisdiction
Australia
Judgment Date
15 October 2020
Procedural Posture
Development Application Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; development application approved with conditions; costs ordered.
Legal Topics
Development Application, Land Subdivision, Remediation of Land, Conciliation Conference, Consent Orders
Planning Law Environmental Law Development Application Land Subdivision Remediation of Land Conciliation Conference Consent Orders

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Parties

Malcolm Smith Pty Ltd

Applicant

Blacktown City Council

Respondent

Procedural Posture

Development Application Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Whether jurisdictional prerequisites for Court consent have been satisfied under s 34(3) of the Land and Environment Court Act 1979
  2. 2 Whether conditions for upholding the development application as amended are met
  3. 3 Whether the application satisfies contamination and planning controls requirements

Ratio Decidendi

The parties' agreement, reached at a conciliation conference, addressed all jurisdictional and statutory prerequisites, including contamination assessment and compliance with planning controls. The Court is therefore required under s 34(3) of the Land and Environment Court Act 1979 to make orders in the terms of the parties' agreement, granting consent to the development application as amended and subject to conditions.

Court Disposition

Appeal upheld; development application approved with conditions; costs ordered.

Orders

  • The applicant is granted leave to amend Development Application No. DA-19-01887 and to rely on specified amended plans and documents.
  • The applicant to pay the respondent's costs thrown away in the agreed sum of $3,000 within 21 days from the date of receiving a tax invoice from the respondent.