Universal Property Group Pty Limited v Blacktown City Council

[2016] NSWLEC 1518

Land and Environment Court

New South Wales

Medium Neutral Citation:	Universal Property Group Pty Limited V Blacktown City Council [2016] NSWLEC 1518
Hearing dates:	Conciliation conference on 22 August, 24 October 2016
Date of orders:	07 November 2016
Decision date:	07 November 2016
Jurisdiction:	Class 1
Before:	Brown C
Decision:	See (5) below
Catchwords:	DEVELOPMENT APPLICATION; staged urban development including subdivision (Stage 1), removal of trees and further subdivision (Stage 2) and construction of dwellings and ancillary works (Stage 3): conciliation conference; agreement between the parties; orders
Legislation Cited:	Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Universal Property Group Pty Limited (Applicant) Blacktown City Council (Respondent)
Representation:	Counsel: Ms E Fleming,solicitor (Applicant) Mr S Simington, solicitor (Respondent) Solicitors: E J Fleming Legal (Applicant) Lindsay Taylor Lawyers (Respondent)
File Number(s):	2016/00152641
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal against the refusal of Development Application No 15-2017 for staged urban development including subdivision (Stage 1), removal of trees and further subdivision (Stage 2) and construction of dwellings and ancillary works (Stage 3) at 42 Schofields Road Schofields.

2. 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”.

3. 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.

4. In making the orders to give effect to the agreement between the parties, I was not required to, and have not, made any merit assessment of the issues that were originally in dispute between the parties.

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

1. The appeal is upheld.

2. The Applicant is granted leave to amend Development Application No. 15-2017 and to rely upon the amended plans listed at conditions 4.1.1, 4.1.2 and 4.1.3 of consent at Annexure "A". Copies of the approved plans are attached at Annexure “B”.

3. The Applicant is to pay the Respondent's reasonable costs under s.97B of Environment Planning and Assessment Act 1979, as agreed in the sum of $3,000 within 28 days.

4. Development Application No. 15-2017, as amended, for the following works is approved on Lot 7 in DP 1189372 (known as 42 Schofields Road, Schofields), subject to the conditions of consent at Annexure A:

1. Stage 1: Subdivision of Lot 7 in DP 1189372 to create two Torrens Title lots. Proposed Lot 2 is to comprise that part of the land zoned RE1 Public Recreation which is to excised from the balance of Lot 7 in DP 1189372 (proposed Lot 1) No physical works are proposed as part of Stage 1.

2. Stage 2: Removal of all existing trees and dam, further subdivision of Lot 1 created in Stage 1 into 3 allotments comprising 2 Torrens Title lots (proposed Lot 1 and Lot 3) and one lot as a public road, construction of roads which are to be dedicated to Council prior to the release of the occupation certificate for Stage 3.

3. Stage 3: Construction of 36 dwellings on proposed Lot 1 and Lot 3 created in Stage 2 forming part of a multi dwelling strata titled development including site works, construction of dwellings, strata title subdivision, and stormwater drainage, car parking, services and associated landscaping.

…………….

G T Brown

Commissioner

152641.16 - Annexure A (238 KB, pdf)