Universal Property Group Pty Ltd v Blacktown City Council

[2018] NSWLEC 1507

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Universal Property Group Pty Ltd v Blacktown City Council [2018] NSWLEC 1507
Hearing dates:	Conciliation conference on 25 September 2018
Date of orders:	25 September 2018
Decision date:	25 September 2018
Jurisdiction:	Class 1
Before:	Morris AC
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 Ltd (Applicant) Blacktown City Council (Respondent)
Representation:	Counsel: J Reed (Applicant) Solicitors: Swaab Attorneys (Applicant) T O’Connor, Houston Dearn O’Connor (Respondent)
File Number(s):	2018/162922
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 s 34(3) of the Land and Environment Court Act 1979 are:

1. The appeal is upheld.

2. Development Consent 16-04175 is modified in accordance with the modification of conditions as set out in Annexure A

3. As a consequence of Order 2 above Development Consent DA 16-04175 is now subject to the consolidated, modified conditions of consent set out in Annexure B.

……………………….

Sue Morris

Acting Commissioner of the Court

Amendments

10 October 2018 - Pursuant to UCPR 36.17, the slip rule, by consent of the parties, amend orders of 25 September 2018 so that Order 3 now reads as follows:

“As a consequence of Order 2 above Development Consent DA 16-04175 is now subject to the consolidated, modified conditions of consent set out in Annexure B.”