Australia, July 14 -- New South Wales Land and Environment Court issued text of the following judgement on June 13:

1. COMMISSIONER: This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) being an appeal against the refusal of Development Application No. 737/2022 for construction of a mixed use development over two levels of basement parking in relation to land known as 1-17 Grey St and 32- 48 Silverwater Road, Silverwater, legally known as Lots 1-2 DP 1110059, Lot 1 DP 90071, Lots 5-7 DP 89550, Lots 8-11 Section 5 DP 979426, Lot 12 DP 76894, Lot 13 Section 5 DP 75209, Lots 14-17 Section 5 DP 979426, Lot 18 DP 77341 (site).

2. The Court granted leave to amend the DA on 3 December 2024.

3 The proceedings were set down for a hearing on 8 and 9 May 2025. Following the amendment of the application on 3 December 2025 and further discussions between the parties, the parties agreed that the contested issues had been resolved. The parties, therefore, requested that the proceedings be adjourned and listed for a conciliation conference under s 34 of the Land and Environment Court Act 1979 (LEC Act). The Court granted the request and arranged a conciliation conference between the parties, which was held on 8 May 2025. I presided over the conciliation conference.

Outcome

4 At the conciliation, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties. 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.

5 The decision agreed upon is for the grant of development consent subject to conditions of consent pursuant to s 4.16(1) of the EPA Act. The signed agreement is supported by a Jurisdictional Statement that sets out the matters that the Court must consider prior to the grant of development consent. I have considered the contents of the Jurisdictional Statement, together with the documents referred to therein, the Class 1 Application and its attachments, the respondents bundle of documents and the plans that are referred to in Condition 1 of Annexure A. Based on those documents, I have considered the matters required to be considered pursuant to s 4.15(1) of the EPA Act.

6 The Council as the consent authority consented to the amendment of the application pursuant to s 38(1) of the Environmental Planning and Assessment Regulation 2021 (EPA Reg). The plans and documents comprising the amended application were submitted to the Court on 3 December 2024 and are listed under Condition 1 of the conditions of consent at Annexure A.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/19761931eff5c9d674b58edc)

Disclaimer: Curated by HT Syndication.