Philip Byrum v Blacktown City Council [2017] NSWLEC 1430

Land and Environment Court New South Wales

Medium Neutral Citation: Philip Byrum v Blacktown City Council [2017] NSWLEC 1430 Hearing dates: Conciliation conference on 27 July 2017 Date of orders: 08 August 2017 Decision date: 08 August 2017 Jurisdiction: Class 1 Before: Dickson C Decision: See [5] below Catchwords: DEVELOPMENT APPEAL under s97(1) against refusal of an application for subdivision of an existing site into 8 torrens title allotments –amendment to road pattern in Blacktown Growth Centres DCP - conciliation conference – agreement between the parties - orders Legislation Cited: Land and Environment Court Act 1979 Environmental Planning and Assessment Act 1979 Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: Mr Philip Byrum (Applicant) Blacktown City Council (Respondent) Representation: Mr J Baird (Solicitor) (Applicant) Mr D Creais (Solicitor) (Respondent) File Number(s): 2017/145600 Publication restriction: No

Judgment 1. COMMISSIONER: This is an appeal, under s97 of the Environmental Planning and Assessment Act 1979, against Council's refusal of development application number DA16-03624. The application sought approval for demolition of existing structures and subdivision of the existing allotment into eight torrens title allotments. The development is proposed at 28 Alex Avenue Schofields. 2. 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". 3. 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. 4. In making the orders to give effect to the agreement between the parties, I was not required to, and have not, made any merit assessment of the issues that were originally in dispute between the parties. 5. The final orders to give effect to the parties' agreement are: 1. The appeal is upheld; 2. Development application No. DA 16-03624 for demolition of existing structures, Torrens title subdivision into 8 residential lots with associated subdivision works, the construction of a two storey dwelling house on proposed Lots 101,104 & 105 and building envelope plans for proposed Lots 102 & 103 on Lot 70 in DP 803988, otherwise known as 28 Alex Avenue, Schofields, is approved subject to the conditions contained at Annexure "A". ……………. D M Dickson Commissioner of the Court 145600.17 (C).docx (1.55 MB, 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: 11 August 2017