Land and Environment Court
New South Wales
Medium Neutral Citation: Signature Properties No. 7 Pty Ltd v Blacktown City Council [2018] NSWLEC 1203 Hearing dates: Conciliation conference on 27 February, 15 March, 3 April and 20 April 2018 Date of orders: 24 April 2018 Decision date: 24 April 2018 Jurisdiction: Class 1 Before: Brown C Decision: See [5] below
Catchwords: DEVELOPMENT APPLICATION: subdivision into residential lots and the construction dwellings, semi-detached dwellings and studio dwellings and associated civil works conciliation conference; agreement between the parties; orders Legislation Cited: Environmental Planning and Assessment Act 1979
Land and Environment Court Act 1979Category: Principal judgment Parties: Signature Properties No. 7 Pty Ltd (Applicant)
Blacktown City Council (Respondent)Representation: Solicitors:
A Perkins, Project Lawyers (Applicant)
D. Loether, Bartier Perry (Respondent)
File Number(s): 2017/290219 Publication restriction: No
Judgment
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COMMISSIONER: This is an appeal against the refusal of Development Application No. DA-17-01202 for the staged Torrens title subdivision into 29 residential lots and the construction of 13 dwellings, 16 semi-detached dwellings and 2 studio dwellings and associated civil works at 98 Hambledon Roads, The Ponds.
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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”.
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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 that document.
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In making the orders to give effect to the agreement between the parties, I was not required to make, and have not made, any merit assessment of the issues that were originally in dispute between the parties.
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The final orders to give effect to the parties’ agreement under s34(3) of the Land and Environment Court Act 1979 are:
The Applicant is granted leave to rely upon the following amended material:
Drawing reference
Title
Prepared by
Date
SK-01, Revision D
Staging Plan
Signature Projects Australia Pty Ltd
20 March 2018
DA-02, Issue C
Lot 1 Site Plan
17 November 2017
DA-03, Issue C
Lot 1 Ground Floor Plan
17 November 2017
DA-05, Issue C
Lot 1 Roof & Concept Drainage Plan
17 November 2017
DA-09, Issue C
Lot 1 Landscape Plan
17 November 2017
DA-02, Issue D
Lot 2 Site Plan
17 November 2017
DA-03, Issue C
Lot 2 Ground Floor Plan
17 November 2017
DA-05, Issue C
Lot 2 Roof & Concept Drainage Plan
17 November 2017
DA-09, Issue C
Lot 2 Landscape Plan
17 November 2017
DA-02, Issue D
Lot 3 Site Plan
17 November 2017
DA-03, Issue D
Lot 3 Ground Floor Plan
17 November 2017
DA-04, Issue C
Lot 3 Roof & Concept Drainage Plan
17 November 2017
DA-09, Issue C
Lot 3 Landscape Plan
17 November 2017
DA-02, Issue B
Lot 4 Site Plan
17 November 2017
DA-03, Issue B
Lot 4 Ground Floor Plan
17 November 2017
DA-05, Issue B
Lot 4 Roof & Concept Drainage Plan
17 November 2017
DA-09, Issue B
Lot 4 Landscape Plan
17 November 2017
DA-02, Issue C
Lot 6 Site Plan
17 November 2017
DA-03, Issue C
Lot 6 Ground Floor Plan
17 November 2017
DA-09, Issue B
Lot 6 Landscape Plan
17 November 2017
DA-02, Issue C
Lot 7 Site Plan
17 November 2017
DA-03, Issue C
Lot 7 Ground Floor Plan
17 November 2017
DA-09, Issue C
Lot 7 Landscape Plan
17 November 2017
DA-02, Issue B
Lot 8 Site Plan
17 November 2017
DA-03, Issue B
Lot 8 Ground Floor Plan
17 November 2017
DA-04, Issue B
Lot 8 First Floor Plan
17 November 2017
DA-05, Issue B
Lot 8 Roof & Concept Drainage Plan
17 November 2017
DA-06, Issue B
Lot 8 Building Elevations 01
17 November 2017
DA-07, Issue B
Lot 8 Building Elevations 02
17 November 2017
DA-08, Issue B
Lot 8 Building Sections
17 November 2017
DA-09, Issue B
Lot 8 Landscape Plan
17 November 2017
DA-02, Issue C
Lot 9 Site Plan
17 November 2017
DA-03, Issue C
Lot 9 Ground Floor Plan
17 November 2017
DA-04, Issue C
Lot 9 First Floor Plan
17 November 2017
DA-06, Issue B
Lot 9 Building Elevations 01
17 November 2017
DA-07, Issue C
Lot 9 Building Elevations 02
28 November 2017
DA-08, Issue B
Lot 9 Building Sections
13 November 2017
DA-09, Issue C
Lot 9 Landscape Plan
17 November 2017
DA-10, Issue A
Lot 9 Typical Fencing Detail
27 November 2017
DA-02, Issue B
Lot 10 Site Plan
21 November 2017
DA-03, Issue B
Lot 10 Ground Floor Plan
21 November 2017
DA-09, Issue B
Lot 10 Landscape Plan
21 November 2017
DA-10, Issue A
Lot 10 Typical Fencing Detail
21 November 2017
DA-02, Issue C
Lots 11-12 Site Plan
17 November 2017
DA-03, Issue B
Lots 11-12 Ground Floor Plan
17 November 2017
DA-06, Issue B
Lots 11-12 Building Elevations 01
30 November 2017
DA-08, Issue B
Lots 11-12 Building Sections
30 November 2017
DA-09, Issue B
Lots 11-12 Landscape Plan
17 November 2017
DA-10, Issue A
Lots 11-12 Typical Fencing Detail
27 November 2017
DA-02, Issue C
Lot 13-14 Site Plan
17 November 2017
DA-03, Issue B
Lots 13-14 Ground Floor Plan
17 November 2017
DA-08, Issue B
Lots 13-14 Building Sections
30 November 2017
DA-09, Issue B
Lots 13-14 Landscape Plan
17 November 2017
DA-10, Issue A
Lots 13-14 Typical Fencing Detail
27 November 2017
DA-02, Issue C
Lots 15-16 Site Plan
17 November 2017
Drawing No. DA-03, Issue B
Lots 15-16 Ground Floor Plan
17 November 2017
DA-06, Issue B
Lots 15-16 Building Elevations 01
30 November 2017
DA-07, Issue B
Lots 15-16 Building Elevations 02
30 November 2017
DA-08, Issue B
Lots 15-16 Building Sections
30 November 2017
DA-09, Issue B
Lots 15-16 Landscape Plan
17 November 2017
DA-10, Issue A
Lots 15-16 Typical Fencing Detail
27 November 2017
DA-02, Issue C
Lot 17-18 Site Plan
17 November 2017
DA-03, Issue B
Lot 17-18 Ground Floor Plan
17 November 2017
DA-08, Issue B
Lots 17-18 Building Sections
30 November 2017
DA-09, Issue B
Lots 17-18 Landscape Plan
17 November 2017
DA-10, Issue A
Lots 17-18 Typical Fencing Detail
27 November 2017
DA-02, Issue C
Lots 19-20 Site Plan
17 November 2017
DA-03, Issue B
Lots 19-20 Ground Floor Plan
17 November 2017
DA-08, Issue B
Lots 19-20 Building Elevations 01
30 November 2017
Lots 19-20 Building Sections
30 November 2017
DA-09, Issue B
Lots 19-20 Landscape Plan
17 November 2017
DA-10, Issue A
Lots 19-20 Typical Fencing Detail
27 November 2017
DA-02, Issue C
Lots 21-22 Site Plan
17 November 2017
DA-03, Issue B
Lots 21-22 Ground Floor Plan
17 November 2017
DA-08, Issue B
Lots 21-22 Building Sections
30 November 2017
DA-09, Issue B
Lots 21-22 Landscape Plan
17 November 2017
DA-10, Issue A
Lots 21-22 Typical Fencing Detail
27 November 2017
DA-02, Issue C
Lots 23-24 Site Plan
17 November 2017
DA-03, Issue B
Lots 23-24 Ground Floor Plan
17 November 2017
DA-06, Issue B
Lots 23-24 Building Elevations 01
30 November 2017
DA-07, Issue B
Lots 23-24 Building Elevations 02
30 November 2017
DA-08, Issue B
Lots 23-24 Building Sections
30 November 2017
DA-09, Issue B
Lots 23-24 Landscape Plan
17 November 2017
DA-10, Issue A
Lots 23-24 Typical Fencing Detail
27 November 2017
DA-02, Issue C
Lots 25-26 Site Plan
17 November 2017
DA-03, Issue B
Lots 25-26 Ground Floor Plan
17 November 2017
DA-08, Issue B
Lots 25-26 Building Sections
30 November 2017
DA-09, Issue B
Lots 25-26 Landscape Plan
17 November 2017
DA-10, Issue A
Lots 25-26 Typical Fencing Detail
27 November 2017
DA-02, Issue B
Lot 27 Site Plan
17 November 2017
DA-03, Issue B
Lot 27 Ground Floor Plan
17 November 2017
DA-04, Issue C
Lot 27 First Floor Plan
28 November 2017
DA-05, Issue B
Lot 27 Roof & Concept Drainage Plan
17 November 2017
DA-06, Issue B
Lot 27 Building Elevations 01
17 November 2017
DA-07, Issue C
Lot 27 Building Elevations 02
17 November 2017
DA-08, Issue B
Lot 27 Building Sections
17 November 2017
DA-09, Issue B
Lot 27 Landscape Plan
17 November 2017
DA-10, Issue A
Lot 27 Typical Fencing Detail
27 November 2017
DA-02, Issue B
Lot 28 Site Plan
17 November 2017
DA-03, Issue B
Lot 28 Ground Floor Plan
17 November 2017
DA-04, Issue B
Lot 28 First Floor Plan
17 November 2017
DA-05, Issue B
Lot 28 Roof & Concept Drainage Plan
17 November 2017
DA-09, Issue B
Lot 28 Landscape Plan
17 November 2017
DA-02, Issue B
Lot 29 Site Plan
17 November 2017
DA-03, Issue B
Lot 29 Ground Floor Plan
17 November 2017
DA-06, Issue B
Lot 29 Building Elevations 01
17 November 2017
DA-08, Issue B
Lot 29 Building Sections
17 November 2017
DA-09, Issue B
Lot 29 Landscape Plan
17 November 2017
DA-10, Issue A
Lot 29 Typical Fencing Detail
27 November 2017
DA-22, Revision B
Landscape Plan
Signature Property Developers Pty Ltd
19 March 2018
The appeal is upheld.
The Applicant is to pay the Respondent's costs under section 8.15(3) of the Environmental Planning Assessment Act 1979 in the agreed amount of $8,000.00 within 28 days of the date of these Orders.
Development Application No. DA-17-01202 for the staged Torrens title subdivision into 29 residential lots and the construction of 13 dwellings, 16 semi-detached dwellings and 2 studio dwellings and associated civil works is approved subject to the conditions in Annexure 'A'.
……………………….
Graham Brown
Commissioner of the Court
Annexure A (280 KB, pdf)
- AGLC
- Signature Properties No. 7 Pty Ltd v Blacktown City Council [2018] NSWLEC 1203
- Case
- [2018] NSWLEC 1203
- Decision Date
CaseChat Overview and Summary
The legal issues before the Court centred on whether the Council had the authority to revoke the approval and if the revocation process complied with the relevant statutory requirements. Signature Properties argued that the Council had no power to revoke the approval and that the revocation process was procedurally unfair. Conversely, the Council contended that the revocation was lawful and that the developer had failed to comply with the conditions of the approval.
The Court examined the statutory framework governing development approvals and the extent of the Council's discretion in such matters. The Court found that the Council did have the authority to revoke the approval under certain conditions, but it also determined that the Council had failed to follow the proper procedures in doing so. Specifically, the Court held that the Council did not provide adequate reasons for the revocation, which was a requirement under the relevant legislation. As a result, the Court declared the revocation invalid. The Court also noted that the developer's change in the proposed development did not automatically justify the revocation without proper procedural adherence.
Orders
Orders of the court
See [5] below
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
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