Australia, July 22 -- New South Wales Land and Environment Court issued text of the following judgement on June 20:

1. COMMISSIONER: This is an appeal pursuant to s 8.9 of the Environmental Planning and Assessment Act 1979 (EPA Act) being an appeal against the conditional approval of Development Application No. LDA2024/0062 for road widening, new traffic signals and upgrades to intersection, including land subdivision, dedication and civil works at 1226 Victoria Road, Melrose Park and Wharf Road - Road reserve area (Lot 10 in DP128851 and Lots 8, 21 and 22 in DP 221045) (site).

2. The Site, the subject of these proceedings, is 1226 Victoria Road, Melrose Park also legally described as Lot 10 in DP128851 and the Wharf Road Reserve Area. The Wharf Road Reserve Area comprises Lots 8, 21 and 22 in DP 221045 which is land owned by the Respondent. The entirety of the site is in the public road reserve (and future road widened public road).

3. On 5 December 2024 the Respondent approved the development application subject to conditions of consent including deferred commencement conditions. The Class 1 appeal is on the basis of dissatisfaction with certain conditions of the consent including Schedule A - Deferred Commencement Conditions (A) to (D) and Schedule B - General Conditions 11,12, 26, 36 and 38.

4. The Court arranged a conciliation conference between the parties, under s 34(1) of the Land and Environment Court Act 1979 (LEC Act), which was held on 11 April, 29 April and 8 May 2025. I presided over the conciliation conference.

5. At the conciliation conference, an agreement under s 34(3) of the LEC Act was reached between the parties as to the terms of a decision in the proceedings that was acceptable to the parties. The agreement was recorded in a signed agreement filed on 4 June 2025.

6. The agreement follows the Council's approval of an application for an amendment to the development application pursuant to ss 37 and 38 of the Environmental Planning and Assessment Regulation 2021 (EPA Reg). In summary the changes to the conditions as agreed by the parties are:

a) Deletion of Deferred Commencement Conditions (A) to (D)

b) Deletion of Condition 38

c) Variation to Condition 26

d) Amendment to Condition 11, and

e) Amendment to Condition 12.

7. Further, amended plans were submitted including:

a) Wharf Road Proposed Scope of Works (Rev 2) prepared by Northrop dated 19 May 2025; and

b) Typical Road Cross Sections (Rev 1), prepared by Northrop dated 13 May 2025.

8. The decision agreed upon in the parties' agreement 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 an agreed Jurisdictional Statement, which sets out the jurisdictional requirements for the making of orders in accordance with the agreement. I have considered the contents of the Jurisdictional Statement, together with the documents referred to therein, the Class 1 Application and its attachments, and the documents 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.

9. As the presiding Commissioner, I am satisfied that the decision to grant development consent to the amended application, subject to conditions of consent, is a decision that the Court could have made in the proper exercise of its functions, this being the test applied by s 34(3) of the LEC Act. I formed this state of satisfaction as each of the jurisdictional preconditions identified by the parties is met, for the reasons outlined below.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1978143f7a28f05ba523f9d7)

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