Universal Property Group Pty Limited v Penrith City Council

[2018] NSWLEC 1068

Land and Environment Court

New South Wales

Medium Neutral Citation:	Universal Property Group Pty Limited v Penrith City Council [2018] NSWLEC 1068
Hearing dates:	Conciliation conference on 18 and 24 October, 21 November, 4 and 8 December 2017 and 16 February 2018
Date of orders:	16 February 2018
Decision date:	16 February 2018
Jurisdiction:	Class 2
Before:	Dickson C
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Universal Property Group Pty Limited (Applicant) Penrith City Council (Respondent)
Representation:	Dr James Smith, (Applicant) Christopher Drury, (Respondent) Swaab Attorneys (Applicant) Sparke Helmore (Respondent)
File Number(s):	2017/187168
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:

Plan No.	Revision No.	Date	Sheet title
CC-0300	01	30.01.2018	Cover Sheet
CC-0301	01	30.01.2018	General Notes Sheet 1 of 2
CC-0302	01	30.01.2018	General Notes Sheet 2 of 2
CC-0305	01	30.01.2018	Erosion and Sediment Control Plan
CC-0306	01	30.01.2018	Erosion and Sediment Control Details
CC-0310	01	30.01.2018	General Arrangement Plan – Sheet 1 of 2
CC-0310A	01	30.01.2018	General Arrangement Plan – Temporary Layout Sheet 1 of 2
CC-0311	01	30.01.2018	General Arrangement Plan – Sheet 2 of 2
CC-0311A	01	30.01.2018	General Arrangement Plan – Temporary Layout Sheet 2 of 2
CC-0315	01	30.01.2018	Basin Sections
CC-0315A	01	30.01.2018	Basin Sections Temporary Layout
CC-0320	01	30.01.2018	Stormwater Drainage Details Plan
CC-0320A	01	30.01.2018	Stormwater Drainage Details – Temporary Layout
CC-0330	01	30.01.2018	Stormwater Catchment

2. The appeal is upheld.

3. Approval is granted under section 68 of the Local Government Act 1993 for stormwater drainage work at Lot 102 DP 1140544, known as 16 Chapman Street, Werrington, as required by condition 31 of DA14/0627, in accordance with the plans listed at paragraph 2(a) and subject to the conditions at Annexure “A”.

……………………….

D M Dickson

Commissioner of the Court

Annexure A (21.1 KB, pdf)

Annexure B (5.56 MB, pdf)