Universal Property Group Pty Ltd v Blacktown City Council

[2020] NSWLEC 1084

Land and Environment Court

New South Wales

Medium Neutral Citation:	Universal Property Group Pty Ltd v Blacktown City Council [2020] NSWLEC 1084
Hearing dates:	Conciliation conference on 21 February 2020
Date of orders:	28 February 2020
Decision date:	28 February 2020
Jurisdiction:	Class 1
Before:	Bish C
Decision:	The Court orders: (1)   The appeal is upheld. (2)   DA-18-02215, for the subdivision of Lot 94 DP 208203 into three (3) Torrens title lots and associated works including construction of local roads, a temporary access road, temporary on-site detention basin and associated tree removal on land known as No. 140 Guntawong Road, Rouse Hill, is approved subject to the conditions set out in Annexure 'A'.
Catchwords:	DEVELOPMENT APPLICATION – subdivision into three lots – conciliation conference – agreement between the parties – orders
Legislation Cited:	Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy No 55 – Remediation of Land State Environmental Planning Policy (Sydney Region Growth Centres) 2006
Texts Cited:	Blacktown City Council Growth Precincts Development Control Plan 2018
Category:	Principal judgment
Parties:	Universal Property Group Pty Ltd (Applicant) Blacktown City Council (Respondent)
Representation:	Counsel: E Fleming (Solicitor) (Applicant) L Raffaele (Solicitor) (Respondent)   Solicitors: Swaab (Applicant) Bartier Perry Lawyers (Respondent)
File Number(s):	2019/17735
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal against the deemed refusal of Development Application (DA) 18-02215 by the Blacktown City Council (hereafter the Council) for a three (3) Torrens title lot subdivision with associated works including roads, detention basin and tree removal on Lot 94 DP 208203, also known as 140 Guntawong Road, Rouse Hill (hereafter the site).

2. This Class 1 appeal is made under s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act). The applicant sought and was granted leave by the Court on 19 December 2019 to amend the relevant plans and as a consequence, the DA was amended (from a two lot) for a three lot Torrens title subdivision.

3. The Court agreed to the parties’ request for a conciliation conference pursuant to s 34(1) of the Land and Environment Court Act 1979 (LEC Act), which was held before me as duty commissioner on 21 February 2019 in Court. The Court had previously arranged a conciliation conference between the parties before a different Commissioner at the site on 6 September and also on 4 October 2019 that was subsequently terminated. There were no (resident) objectors at the conciliations.

4. Based on the amended plans, together with the DA’s supporting documents and agreed conditions of consent, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties. The parties agree that the contentions raised by Council have been considered and resolved, and that there were no submissions by objectors from previous notification/s of the DA. The decision of the parties is to uphold the appeal and grant consent to DA 18-02215 with conditions.

5. Pursuant to s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties' decision, if it is a decision that the Court could have made in the proper exercise of its functions. The parties' decision involves the Court exercising its function under s 4.16 of the EPA Act and being satisfied, pursuant to s 4.15(1) to grant consent to DA 18-02215, with conditions described in Annexure A.

6. The parties identified the jurisdictional prerequisites of particular relevance in these proceedings, in consideration of s 4.15(1) of the EPA Act, as consistency with the: State Environmental Planning Policy (Sydney Region Growth Centres) 2006 (SEPP Growth); and State Environmental Planning Policy No 55 – Remediation of Land (SEPP 55). In addition, the Blacktown City Council Growth Precincts Development Control Plan 2018 (DCP) is of consideration to grant consent to the DA.

7. The proposed subdivision is required to comply with the provisions of SEPP 55. A contamination investigation report has been assessed for the site of the proposed subdivision, as described in the conditions of consent, in compliance with SEPP 55.

8. Consistent with the requirements of the SEPP Growth, the DA is supported by amended plans and conditions of consent. The proposed development is located within the R2 Low Density residential Zone and R3 Medium Density Residential Zone. The proposed subdivision is permissible in these zones and satisfies the objectives of the zones. The parties agree that the relevant provisions of the SEPP Growth are addressed to their satisfaction by the supporting documents and amended plans to the DA under appeal.

9. The relevant and required concurrences for the proposed subdivision have been sought and where required, are approved with relevant conditions provided in the consent.

10. The parties agree that there are no unreasonable impacts to adjoining properties as a result of the proposed development. Based on the amended plans and conditions of consent, the controls as specified in the relevant DCP are resolved to the satisfaction of the parties.

11. The parties agree that the DA was publicly notified in accordance with the DCP. During the notification period/s for this DA under appeal, no submissions in objection were received by Council.

12. The amended plans that relate to the proposed subdivision have been considered in the context of the site. Based on the amended plans and supporting documents to the amended DA, the contentions raised by Council and all jurisdictional requirements are resolved to the satisfaction of the parties.

13. I am satisfied that there are no jurisdictional impediments to this agreement and that DA 18-02215 should be granted, as it satisfies the requirements of s 4.15(1) of the EPA Act.

14. As the parties' decision is a decision that the Court could have made in the proper exercise of its functions, I am required under s 34(3) of the LEC Act to dispose of the proceedings in accordance with the parties' decision.

15. The Court orders:

1. The appeal is upheld.

2. DA-18-02215, for the subdivision of Lot 94 DP 208203 into three (3) Torrens title lots and associated works including construction of local roads, a temporary access road, temporary on-site detention basin and associated tree removal on land known as No. 140 Guntawong Road, Rouse Hill, is approved subject to the conditions set out in Annexure 'A'.

…………………………

Sarah Bish

Commissioner of the Court

Annexure A (205 KB, pdf)

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Decision last updated: 02 March 2020