Universal Property Group Pty Ltd v Blacktown City Council

[2019] NSWLEC 1552

Land and Environment Court

New South Wales

Medium Neutral Citation:	Universal Property Group Pty Ltd v Blacktown City Council [2019] NSWLEC 1552
Hearing dates:	Conciliation conference on 30 October 2019
Date of orders:	20 November 2019
Decision date:	20 November 2019
Jurisdiction:	Class 1
Before:	Chilcott C
Decision:	See orders at [10] below.
Catchwords:	DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties– orders
Legislation Cited:	Blacktown Local Environmental Plan 2015 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy No 55 – Remediation of Land
Category:	Principal judgment
Parties:	Universal Property Group Pty Ltd (Applicant) Blacktown City Council (Respondent)
Representation:	Counsel: E Fleming (Solicitor) (Applicant) C Drury (Solicitor) (Respondent) Solicitors: Swaab (Applicant) Sparke Helmore Lawyers (Respondent)
File Number(s):	2018/366715
Publication restriction:	No

Judgment

1. COMMISSIONER: Universal Property Group (the Applicant) has appealed the deemed refusal by Blacktown City Council (the Respondent) of its development application DA-18-02060, for the construction of a residential development.

2. The Applicant’s development application DA-18-02060 comprises the proposed construction of dwellings, private access driveways, infrastructure works, landscaping, and tree removal, along with the subdivision of proposed Lots 1 and 2 in DA18-00388, to create 55 Torrens title residential lots on land:

1. legally described as:

1. Lot 46 DP1009284, Lot 40 and 41 DP808383; and

2. parts of Lot 1 DP 1244376 (formally Lot 141 DP1000239),

2. also known as:

1. 89, 91 and 143 Dongola Circuit, Schofields; and

2. Hambledon Road, Schofields;

3. The lands described above at [2(1)] and [2(2)], together form the Subject Site.

4. The appeal comes to the Court pursuant to s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act), and falls within Class 1 of the Court’s jurisdiction.

5. 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 29 October 2019, and I presided over the conciliation conference.

6. At the conciliation conference, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties. This decision involved the Court upholding the appeal and granting consent to the development application, subject to conditions.

7. Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties’ decision if the parties’ decision is a decision that the Court could have made in the proper exercise of its functions. The parties’ decision involves the Court exercising the function under s 4.16 of the EPA Act to grant consent to the modification application.

8. The parties have explained how the proposed development has satisfied the provisions of relevant legislation, including s 4.15 of the EPA Act, the provisions of State Environmental Planning Policy No 55 – Remediation of Land, and Blacktown Local Environmental Plan 2015, and consequently, I am satisfied that the parties’ decision is one that the Court could have made in the proper exercise of its functions, as required by s 34(3) of the LEC Act.

9. 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.

10. The Court orders:

1. The Applicant is granted leave to amend its development application to:

1. rely upon the following plans:

Drawing No. and Revision/Issue	Title	Prepared by	Date
Architectural plans and supporting documents
DA-01	Cover page	The Bathla Group	Undated
DA-02, Rev 8	Site Analysis		22 August 2019
DA-03, Rev 8	Site Plan
DA-04, Rev 3	Subdivision Plan		8 August 2019
DA-05, Rev 8	Lot 01 – Ground Floor Plan		22 August 2019
DA-06, Rev 8	Lot 01 – First Floor Plan
DA-07, Rev 8	Lot 02 – Ground & First Floor -Part 1
DA-08, Rev 8	Lot 02 – Ground Floor Plan -Part 2
DA-09, Rev 8	Lot 02 – First Floor Plan -Part 2
DA-10, Rev 8	Elevations & Section Lot 1
DA-11, Rev 8	Elevations & Section Lot 2
DA-12, Rev 8	Shadow Analysis – 01 (June 21st)
DA-13, Rev 8	Shadow Analysis – 02 (June 21st)
N/A	Site Coverage table	N/A	N/A
N/A	Shadow Matrix	N/A	N/A
Landscaping Plans
N/A	Cover Sheet	Conzept Landscape Architects	Undated
LPDA 19 – 25, Page 1	Landscape Plan 1		9 August 2019
LPDA 19 – 25, Page 2	Landscape Plan 2
LPDA 19 – 25, Page 3	Landscape Plan 3
LPDA 19 – 25, Page 4	Specification & Detail
Turn Path Plans
N/A	Lot 22 B85 Vehicle Garage Space 1 Entry Turning Path	Varga Traffic Planning	16 August 2019
	Lot 22 B85 Vehicle Garage Space 1 Exit Turning Path
	Lot 22 B85 Vehicle Garage Space 2 Entry Turning Path
	Lot 22 B85 Vehicle Garage Space 2 Exit Turning Path		20 August 2019
	Lot 23 B85 Vehicle Garage Space 1 Entry Turning Path		16 August 2019
	Lot 23 B85 Vehicle Garage Space 1 Exit Turning Path
	Lot 23 B85 Vehicle Garage Space 2 Entry Turning Path
	Lot 23 B85 Vehicle Garage Space 2 Entry Turning Path
Engineering Plans
Drawing No. DA-0000, Rev B	Cover Sheet	BG&E	12 September 2019
Drawing No. DA-0001, Rev B	General Notes
Drawing No. DA-0010, Rev B	General Arrangement Plan
Drawing No. DA-0020, Rev B	Existing Features and Demolition
Drawing No. DA-0100, Rev B	Cut/Fill Plan
Drawing No. DA-0200, Rev B	Roadworks and Drainage Plan Sheet 1
Drawing No. DA-0201, Rev B	Roadworks and Drainage Plan Sheet 2
Drawing No. DA-0202, Rev B	Roadworks and Drainage Plan Sheet 3
Drawing No. DA-0210, Rev B	Longitudinal Section and Driveway Typical Section
Drawing No. DA-0280, Rev B	Typical Details
Drawing No. DA-0300, Rev B	Drainage Catchment Plan
Drawing No. DA-0700, Rev B	Erosion and Sediment Control Plan
Drawing No. DA-0710, Rev B	Erosion and Sediment Control Details

2. rely on the following material:

Document Title	Prepared by	Date
Amended Waste Management Plan	Universal Property Group Pty Ltd	22 August 2019
Stormwater Management Report, Revision B	BG&E	13 September 2019
Basix No 956972M_02	Ecoinnovate	25 September 2019

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

3. The appeal is upheld.

4. DA-18-02060, for the construction of a residential development comprising 44 semi-detached dwellings, 9 dwelling houses and 2 attached dual occupancies, private access driveways, infrastructure works, landscaping, tree removal, and subdivision of Lots 1 and 2 proposed in DA-18-00388 to create 55 Torrens title residential lots on land legally described as Lot 46 DP1009284, Lot 40 and 41 DP808383 and parts of Lot 1 DP 1244376 (formally Lot 141 DP1000239), known as 89, 91 and 143 Dongola Circuit, and Hambledon Road, Schofields, is approved subject to the conditions set out in Annexure 'A'.

…………………….

M Chilcott

Commissioner of the Court

Annexure A (387 KB)

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Decision last updated: 21 November 2019