Australia, June 7 -- New South Wales Land and Environment Court issued text of the following judgement on May 6:

1. These proceedings concern an easement for drainage of water burdening part of the Respondents' property at 205 Tenth Avenue Astral (Lot 847 DP2475) (205 Tenth) and benefiting the Applicant's property known as 200 Eleventh Avenue, Austral (Lots 805 and 806 DP 2475)(200 Eleventh)( Proposed Easement).

2. The Applicant has development consent from the Court for a Torrens title subdivision of 200 Eleventh into 38 residential lots and two E4 Environmental Living Superlots (giving 40 lots in total), construction of public roads and stormwater drainage (UPG 224 Pty Ltd v Liverpool City Council [2023] NSWLEC 1466) (Consent).

3. The Consent is subject to a deferred commencement condition for an easement over 205 Tenth in the following terms:

"Pursuant to the previous (sic) of Section 4.16(3) of the Environmental Planning and Assessment Act 1979, a deferred commencement consent is granted to development application no. 702,2022 subject to completion of the following:

a. evidence is provided to Council of the registration of an easement to drain water burdening Lot 847 DP 2475 - 205 Tenth Avenue, Austral and benefiting Lots 805 and 806 DP 2475 - 200 Eleventh Avenue, Austral...

The above requirements must be satisfied within 5 years of this determination or the consent will lapse."

4. 205 Tenth is presently burdened by an easement to drain water (30 wide) benefitting Liverpool City Council (the Council Drainage Easement). DP64257 identifies this easement as being located diagonally across 205 Tenth, and running from the southeast corner of the lot to approximately midway along the western boundary.

5. The Council Drainage Easement provides drainage rights over an unnamed creek being a tributary of Kemps Creek. The Applicant proposes to drain water into the Council Drainage Easement via the Proposed Drainage Easement.

6. Under Appendix 4 to State Environmental Planning Policy (Precincts - Western Parkland City) 2021, 205 Tenth is zoned E4 Environmental Living, SP2 Infrastructure (Local Drainage) and RE1 Public Recreation. 200 Eleventh is zoned R2 Low Density Residential and E4 Environmental Living.

7. The Court arranged a conciliation conference under s 34(1) of the Land and Environment Court Act 1979 (LEC Act) between the parties, which was first held on 24 February 2025. I presided over the conciliation conference.

8. The parties now propose resolution of the proceedings in accordance with the terms outlined in their executed s 34 written agreement dated 4 April 2025 (Agreement).

9. Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties' signed agreement if the Court could have made that decision in the proper exercise of its functions.

10. The pre-conditions that must be satisfied before the Court can exercise its functions are identified in a written submission by the parties.

11. After a consideration of the submission I am satisfied, based on the evidence before me, that the agreement of the parties is a decision that the Court could have made in the proper exercise of its functions for the following reasons.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/196a8f32dd0c44912243f4d7)

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