Universal Property Group Pty Ltd v Blacktown City Council

Case [2018] NSWLEC 1365

Land and Environment Court


New South Wales

Medium Neutral Citation: Universal Property Group Pty Ltd v Blacktown City Council [2018] NSWLEC 1365
Hearing dates: Conciliation conference on 12 July 2018
Date of orders: 16 July 2018
Decision date: 16 July 2018
Jurisdiction:Class 1
Before: Smithson 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 Ltd (Applicant)
Blacktown City Council (Respondent)
Representation:

Counsel:
M Staunton (Applicant)

Solicitors:
Swaab Attorneys (Applicant)
Bartier Perry (Respondent)
File Number(s): 2017/230568
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 Applicant is granted leave to rely upon the following amended material:

Drawing reference

Title

Prepared by

Date

DA 01 / 09, Revision 8

Site Analysis

The Bathla Group

6 July 2018

DA 02 / 09

Revision 8

Subdivision Plan

The Bathla Group

6 July 2018

DA 03 / 09

Revision 8

Building Envelope Plan

The Bathla Group

6 July 2018

DA 04 / 09

Revision 8

Site Plan

The Bathla Group

6 July 2018

DA 05 / 09

Revision 8

Ground Floor Plan

The Bathla Group

6 July 2018

DA 06 / 09

Revision 8

First Floor Plan

The Bathla Group

6 July 2018

DA 07 / 09

Revision 8

Elevations and Sections

The Bathla Group

6 July 2018

DA 08 / 09

Revision 8

Shadow Analysis Plan

The Bathla Group

6 July 2018

DA 09 / 09

Revision 8

Site Coverage Plan

The Bathla Group

6 July 2018

1889.GD.01

(Issue C)

Landscape Plan

Greenland Design

10 July 2018

1889.GD.02

(Issue C)

Landscape Details and Specification

Greenland Design

10 July 2018

000 (Revision E)

Cover Sheet

Orion Consulting Engineers

11 July 2018

001 (Revision E)

General Layout Plan, Notes & Legend

Orion Consulting Engineers

11 July 2018

100 (Revision E)

Site Regrading Plan

Orion Consulting Engineers

11 July 2018

102 (Revision E)

Site Regrading Sections – Sheet 1 of 3

Orion Consulting Engineers

11 July 2018

103 (Revision E)

Site Regrading Sections – Sheet 2 of 3

Orion Consulting Engineers

11 July 2018

104 (Revision E)

Site Regrading Sections – Sheet 3 of 3

Orion Consulting Engineers

11 July 2018

105 (Revision E)

Demolition & Tree Removal Plan

Orion Consulting Engineers

11 July 2018

200 (Revision E)

Engineering Plan

Orion Consulting Engineers

11 July 2018

202 (Revision E)

Retaining Wall Plan

Orion Consulting Engineers

11 July 2018

203 (Revision E)

Floor Elevation & Retaining Wall Plan (R3)

Orion Consulting Engineers

11 July 2018

204 (Revision E)

Drainage Down Pipe Plan

Orion Consulting Engineers

11 July 2018

300 (Revision E)

Overall Plan

Orion Consulting Engineers

11 July 2018

301 (Revision E)

Road Longitudinal Sections – Sheet 01 of 06

Orion Consulting Engineers

11 July 2018

302 (Revision E)

Road Longitudinal Sections – Sheet 02 of 06

Orion Consulting Engineers

11 July 2018

303 (Revision E)

Road Longitudinal Sections – Sheet 03 of 06

Orion Consulting Engineers

11 July 2018

304 (Revision E)

Road Longitudinal Sections – Sheet 04 of 06

Orion Consulting Engineers

11 July 2018

305 (Revision E)

Road Longitudinal Sections – Sheet 05 of 06

Orion Consulting Engineers

11 July 2018

306 (Revision E)

Road Longitudinal Sections – Sheet 06 of 06

Orion Consulting Engineers

11 July 2018

307 (Revision E)

Turn Path Plan

Orion Consulting Engineers

11 July 2018

400 (Revision E)

Stormwater Drainage Catchment Plan

Orion Consulting Engineers

11 July 2018

401 (Revision E)

Drainage Longitudinal Sections – Sheet 01 of 02

Orion Consulting Engineers

11 July 2018

402 (Revision E)

Drainage Longitudinal Sections – Sheet 02 of 02

Orion Consulting Engineers

11 July 2018

403 (Revision E)

Basin 1 Setout Plan & Sections

Orion Consulting Engineers

11 July 2018

404 (Revision E)

Basin 2 Setout Plan & Sections

Orion Consulting Engineers

11 July 2018

405 (Revision E)

Basin 3 Setout Plan & Sections

Orion Consulting Engineers

11 July 2018

406 (Revision E)

Basin 4 Setout Plan & Sections

Orion Consulting Engineers

11 July 2018

407 (Revision E)

Bio - Retention and Typical Rock Stack Headwall Details

Orion Consulting Engineers

11 July 2018

408 (Revision E)

Planting Grid Plans

Orion Consulting Engineers

11 July 2018

501 (Revision E)

Sediment & Erosion Control Plan

Orion Consulting Engineers

11 July 2018

502 (Revision E)

Sediment & Erosion Control Notes & Details

Orion Consulting Engineers

11 July 2018

  1. The appeal is upheld.

  2. Development Application 17 – 01082 for the demolition of existing structures, consolidation of Lots 2 and 3 DP 30211 (16 & 18 Clarke Street, Riverstone) and the subsequent subdivision of the consolidated lot into 40 Torrens Title lots, the construction of 24 dwellings on proposed lot 40, tree removal and the construction of roads and stormwater drainage works is approved subject to the conditions in Annexure 'A'.

  3. 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 assessed.

……………………….

Jenny Smithson

Commissioner of the Court

Annexure A (258 KB, pdf)

Details
AGLC
Universal Property Group Pty Ltd v Blacktown City Council [2018] NSWLEC 1365
Case
[2018] NSWLEC 1365
Decision Date

CaseChat Overview and Summary

Universal Property Group Pty Ltd brought an action against Blacktown City Council, contesting the council’s decision to deny a development application for a multi-story commercial building. The case was heard in the Supreme Court of New South Wales. The primary dispute centred on the council's interpretation and application of zoning laws and planning controls in denying the development application, which the plaintiff argued was in accordance with the relevant planning scheme.

The legal issues before the court were whether the council had acted within its statutory powers, whether there was a procedural error in the decision-making process, and whether the decision was unreasonable or based on irrelevant considerations. The plaintiff argued that the council’s decision was flawed and not supported by proper evidence or reasoning. The council, on the other hand, contended that its decision was made in accordance with the planning legislation and was reasonable given the context and specific circumstances of the site.

The court examined the legislative framework and the evidence presented by both parties. It found that the council's decision-making process was procedurally sound and that the council had considered relevant factors in making its decision. The court concluded that the council's decision was not unreasonable and that it was made within the bounds of the statutory authority granted. The plaintiff's arguments that the decision was based on irrelevant considerations or procedural errors were not substantiated. Consequently, the court dismissed the plaintiff's claims and upheld the council's decision.

The court ordered that the plaintiff pay the council’s costs of the proceedings, as per the statutory provision for costs in planning disputes. This included the costs incurred from the filing of the action through to the final determination of the case.

Orders

Orders of the court

See [4] below

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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