PreTech Properties Pty Ltd v Penrith City Council

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: PreTech Properties Pty Ltd v Penrith City Council [2016] NSWLEC 1432 Hearing dates:Conciliation conference on 18 July, 12 and 29 August 2016Date of orders: 07 September 2016 Decision date: 07 September 2016 Jurisdiction:Class 1Before: Hussey AC Decision: See (4) below Catchwords: DEVELOPMENT APPLICATION: Construction of townhouses, owners consent, density of development, on-site car parking, stormwater drainage, conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category:Principal judgmentParties: PreTech Properties Pty Ltd (Applicant) PENRITH CITY COUNCIL (Respondent) Representation: Counsel: Mr S Nash (Respondent) Solicitors: Mr C Gough, Storey & Gough Lawyers(Applicant) Mr M Bullivant, Penrith City Council (Respondent) File Number(s):2016/154188Publication restriction:NoJudgment 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”. 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...