Universal Property Group Pty Ltd v Blacktown City Council

[2019] NSWLEC 1639

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:

Universal Property Group Pty Ltd v Blacktown City Council [2019] NSWLEC 1639

Hearing dates:

Conciliation conference on 20 December 2019

Date of orders:

20 December 2019

Decision date:

20 December 2019

Jurisdiction:

Class 1

Before:

Dickson C

Decision:

The Court orders:

(1) The appeal is upheld.

(2) Development Application No. DA-18-02016 for the subdivision of land into three (3) torrens title lots and associated works including the construction of three roads, a temporary access road, temporary on-site detention basin and associated tree removal on land known as 150 Guntawong Road, Rouse Hill (legally described as Lot 93 DP 208203) is approved in accordance with the conditions at Annexure A, as updated on 1 October 2020.

Catchwords:

DEVELOPMENT APPLICATION – subdivision – 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 Centre Precincts Development Control Plan 2014

Category:

Principal judgment

Parties:

Universal Property Group Pty Ltd (Applicant)
Blacktown City Council (Respondent)

Representation:

Counsel:
E Fleming (Solicitor) (Applicant)
D Loether (Solicitor) (Respondent)

Solicitors:
Swaab (Applicant)
Bartier Perry Lawyers (Respondent)

File Number(s):

2018/361325

Publication restriction:

No

Judgment

1. COMMISSIONER: This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) by the applicant against the deemed refusal of its development application DA-18-2016. The development application, as amended with leave of the Court, seeks approval for the subdivision of land into three Torrens Title lots and associated works including the construction of three roads, a temporary access road, temporary on-site detention basin and associated tree removal. The development is proposed at 150 Guntawong Road, Rouse Hill (Lot 93 DP 208203).

2. The Court arranged a conciliation conference under s 34(1) of the Land and Environment Court Act 1979 (LEC Act) between the parties, which was held on 24 July 2019. At the request of the parties, a further conciliation conference was held on 20 December 2019. I presided over the further conciliation conference.

3. Following the further conciliation, an agreement under s 34(3) of the LEC Act, was reached between the parties as to the terms of a decision in the proceedings that would be acceptable to them. The parties’ decision involves the Court exercising the function under s 4.16 of the EPA Act to grant consent to the development application subject to conditions of consent.

4. As the presiding Commissioner, I am satisfied that the decision is one that the Court can make in the proper exercise of its functions (this being the test applied by s 34(3) of the LEC Act). I have formed this state of satisfaction for the following reasons:

1. The consent of the land owner has been provided as part of the Development Application.

2. The development site contains TransGrid infrastructure and an easement for electricity. The requirements of TransGrid are annexed to the consent and are incorporated at condition 2.5.1.

3. The development application was notified by the Respondent for a period, in accordance with the Blacktown City Council Growth Centre Precincts Development Control Plan 2014. Further, the amended application was renotified. I am satisfied the submissions have been considered.

4. The application was provided to the Natural Resources Access Regulator who has confirmed that general terms of approval and/or a controlled activity approval is not required.

5. Consistent with the requirements of cl 7 of State Environmental Planning Policy No 55 – Remediation of Land the applicant submitted a Site Contamination report (Geotesta Report No. 346: 10 July 2018). That report concludes that the site is suitable for the proposed development.

6. Pursuant with the provisions of the State Environmental Planning Policy (Sydney Region Growth Centres) 2006, Appendix 12: Blacktown Growth Centre (Growth Centres SEPP) the site is zoned R3 Medium Density Development. The proposed development, subdivision, is permissible with consent. Having regard to the objectives of the zone I am satisfied that the development is consistent with the objectives of providing for the housing needs of the community and a variety of housing types within a medium density residential environment.

7. The proposed development complies with the remaining development standards in the Growth Centres SEPP.

5. 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.

6. In making the orders to give effect to the agreement between the parties, the parties have not raised and I am not aware of any jurisdictional impediment to the making of these orders. Further, I was not required to make, and have not made, any assessment of the merits of the development application against the discretionary matters that arise pursuant to an assessment under s 4.15 of the EPA Act.

7. The final orders to give effect to the parties’ agreement under s 34(3) of the Court Act are:

1. The appeal is upheld.

2. Development Application No. DA-18-02016 for the subdivision of land into three (3) torrens title lots and associated works including the construction of three roads, a temporary access road, temporary on-site detention basin and associated tree removal on land known as 150 Guntawong Road, Rouse Hill (legally described as Lot 93 DP 208203) is approved in accordance with the conditions at Annexure A, as updated on 1 October 2020.

………………………………

D M Dickson

Commissioner of the Court

Annexure A (528785, pdf)

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Amendments

01 October 2020 - Pursuant to UCPR rule 36.17 of the Uniform Civil Procedure Rules 2005 (NSW) the orders of the Court made on 20 December 2019 are amended so as to replace Figure 2 at Appendix 1 of the conditions of consent, at Annexure A of the judgment in Universal Property Group Pty Ltd v Blacktown City Council [2019] NSWLEC 1639 with updated conditions of consent which replace Figure 2 with the correct figure in accordance with Schedule A of the Applicant’s Notice of Motion dated 18 September 2020.

Decision last updated: 01 October 2020