Universal Property Group Pty Ltd v Blacktown City Council
[2018] NSWLEC 1365
•16 July 2018
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:
Solicitors:
M Staunton (Applicant)
Swaab Attorneys (Applicant)
Bartier Perry (Respondent)
File Number(s): 2017/230568 Publication restriction: No
Judgment
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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”.
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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.
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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.
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The final orders to give effect to the parties’ agreement under s 34(3) of the Land and Environment Court Act 1979 are:
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
The appeal is upheld.
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'.
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)
Decision last updated: 17 July 2018
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