Universal Property Group Pty Limited v Blacktown City Council

[2018] NSWLEC 1278

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Universal Property Group Pty Limited v Blacktown City Council [2018] NSWLEC 1278
Hearing dates:	Conciliation conference on 8 June 2018
Date of orders:	08 June 2018
Decision date:	08 June 2018
Jurisdiction:	Class 1
Before:	Chilcott C
Decision:	See [4] below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Environmental Planning Assessment Act 1979 Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Universal Property Group Pty Limited (Applicant) Blacktown City Council (Respondent)
Representation:	Solicitor: E Fleming, Swaab Attorneys (Applicant) L Raffaele, Bartier Perry (Respondent)
File Number(s):	2017/228859
Publication restriction:	No

Judgment

1. COMMISSIONER: 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”.

2. 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.

3. 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.

4. The final orders to give effect to the parties’ agreement under s34(3) of the Land and Environment Court Act 1979 are:

1. The Applicant is granted leave to rely upon the following amended material copies of which are behind Annexure 'A':

Drawing reference	Title	Prepared by	Date
DA02/04 Rev 2	Subdivision Plan	The Bathla Group	9 March 2017
DA03/04 Rev 2	Envelope Plan	The Bathla Group	9 March 2017
SY170227 Revision C	Title sheet	Barker Ryan Stewart
SY17227C102 Rev C	Engineering Plan Sheet	Barker Ryan Stewart	27 March 2018
SY17227C103 Rev C	Excelsior Road Longitudinal Section	Barker Ryan Stewart	27 March 2018
SY17227C104 Rev C	Road 2 Longitudinal Section	Barker Ryan Stewart	27 March 2018
SY17227C105 Rev C	Road 3 Longitudinal Section	Barker Ryan Stewart	27 March 2018
SY17227C106 Rev C	Road 4 Longitudinal Section	Barker Ryan Stewart	27 March 2018
SY17227C107 Rev C	Road 5 Longitudinal Section	Barker Ryan Stewart	27 March 2018
SY17227C108 Rev C	Vine Street West Cross Sections	Barker Ryan Stewart	27 March 2018
SY17227C109 Rev C	Vine Street West Cross Sections	Barker Ryan Stewart	27 March 2018
SY17227C110 Rev C	Road 2 Cross Sections	Barker Ryan Stewart	27 March 2018
SY17227C111 Rev C	Road 3 Cross Sections	Barker Ryan Stewart	27 March 2018
SY17227C112 Rev C	Road 4 Cross Sections	Barker Ryan Stewart	27 March 2018
SY17227C113 Rev C	Road 5 Cross Sections	Barker Ryan Stewart	27 March 2018
SY17227C114 Rev C	Road 5 Cross Sections	Barker Ryan Stewart	27 March 2018
SY17227C115 Rev C	Basin 1 Plans & Sections (1 of 2)	Barker Ryan Stewart	27 March 2018
SY17227C116 Rev C	Basin 1 Plans & Sections (2 of 2)	Barker Ryan Stewart	27 March 2018
SY17227C117 Rev C	Basin 2 Plans & Sections	Barker Ryan Stewart	27 March 2018
SY17227C118 Rev C	Basin 3 Plans & Sections	Barker Ryan Stewart	27 March 2018
SY17227C119 Rev C	Catchment Plan	Barker Ryan Stewart	27 March 2018
SY17227C120 Rev C	Catchment Plan (Ultimate)	Barker Ryan Stewart	27 March 2018
SY17227C121 Rev C	Drainage Longitudinal Section	Barker Ryan Stewart	27 March 2018
SY17227C122 Rev C	Drainage Longitudinal Section	Barker Ryan Stewart	27 March 2018
SY17227C123 Rev C	Soil & Water Management Plan	Barker Ryan Stewart	27 March 2018
SY17227C124 Rev C	Soil & Water Management Details	Barker Ryan Stewart	27 March 2018

2. The appeal is upheld.

3. The Applicant is to pay the Respondent's costs under section 8.15(3) of the Environmental Planning Assessment Act 1979 as agreed or assessed.

4. Development Application No. DA-16-04187, as amended, for the subdivision of four lots into 84 lots and a residue lot including the construction of public roads and associated drainage works at Lots 11 and 12 Section K DP 193074, Lot 10 DP 628301 and Lot 13 DP 734813, known as 24, 32, 40 and 46 Excelsior Avenue, Marsden Park be approved, subject to the conditions in Annexure 'B'.

……………………….

Michael Chilcott

Commissioner of the Court

Annexure A

Annexure B 

Amendments

22 October 2018 - Pursuant to UCPR 36.17, the slip rule, by consent of the parties, amend orders of 8 June 2018 so that Order (4) now reads as follows:

“Development Application No. DA-16-04187, as amended, for the subdivision of four lots into 84 lots and a residue lot including the construction of public roads and associated drainage works at Lots 11 and 12 Section K DP 193074, Lot 10 DP 628301 and Lot 13 DP 734813, known as 24, 32, 40 and 46 Excelsior Avenue, Marsden Park be approved, subject to the conditions in Annexure 'B'.”

12 November 2018 - Pursuant to UCPR 36.17, the slip rule, by consent of the parties, further amend orders of 8 June 2018 (as amended on 22 October 2018) so that the description of the development at the commencement of Annexure B now reads as follows:

“Development Application No. DA-16-04187 for the subdivision of four lots into 84 lots and a residue lot including the construction of public roads and associated drainage works at Lots 11 and 12 Section K DP 193074, Lot 10 DP 628301 and Lot 13 DP 734813, known as 24, 32, 40 and 46 Excelsior Avenue, Marsden Park.”