Australia, June 9 -- New South Wales Land and Environment Court issued text of the following judgement on May 9:

1. COMMISSIONER: This is an appeal pursuant to s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against the deemed refusal by Fairfield City Council of Development Application No. 4.1/2024.

2. The Development Application, as amended, seeks consent for the construction of a double-storey industrial complex, consisting of 62 industrial units with mezzanines, 284 car parking spaces, associated amenity facilities and vehicular manoeuvring space, landscaping works, stormwater drainage works and site works, at 1403 The Horsley Drive, Wetherill Park NSW (the site).

3. The Court arranged a conciliation conference under s 34 of the Land and Environment Court Act 1979 (LEC Act) between the parties on 17 April 2025. I presided over the conciliation conference.

4. At the conference, the Court heard from the owners of a neighbouring property who objected to the Development Application. The objector raised concerns about traffic on surrounding local roads and drainage on the site.

5. Prior to the conference, the parties agreed on a range of amendments to the architectural plans, the landscaping plan and associated documentation to address the concerns being raised by the objector and by Fairfield City Council. The key amendments included a reduction in the number of units, reconfiguring the parking and an increase in number of units able to be accessed by heavy rigid vehicles.

6. Pursuant to s 38(1) of the Environmental Planning and Assessment Regulation 2021 (EPA Regulation), Fairfield City Council has approved amending the Development Application in accordance with the amended plans and supporting material listed in the agreed conditions of consent (Part B Condition 1A in Annexure A of this judgment).

7. As the amended Development Application is the subject of Court proceedings, it is not required to be lodged on the NSW Planning Portal pursuant to s 38(4) of the EPA Regulation. The objector was also subsequently notified about the amendments to the Development Application by Fairfield City Council.

8. On 17 April 2025, the parties submitted an agreement as to the terms of a decision in the proceedings that would be acceptable to the parties. This decision involved the Court upholding the appeal and granting development consent to the amended Development Application, and subject to conditions in Annexure A.

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

10. The signed agreement is supported by a Jurisdictional Note from the parties, that sets out the jurisdictional prerequisites that must be satisfied before the Court can exercise its functions under s 34(3) of the LEC Act.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/196a383295b13d2ebabc15e2)

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