Universal Property Group Pty Ltd v Blacktown City Council

Case [2018] NSWLEC 1277

Land and Environment Court


New South Wales

Medium Neutral Citation: Universal Property Group Pty Ltd v Blacktown City Council [2018] NSWLEC 1277
Hearing dates: Conciliation conference on 8 June 2018
Date of orders: 08 June 2018
Decision date: 08 June 2018
Jurisdiction:Class 1
Before: Chilcott C
Decision:

See [4] below

Catchwords: DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited: Environmental Planning Assessment Act 1979
Land and Environment Court Act 1979
Category:Principal judgment
Parties: Universal Property Group Pty Ltd (Applicant)
Blacktown City Council (Respondent)
Representation: Solicitor:
E Fleming, Swaab Attorneys (Applicant)
L Raffaele, Bartier Perry(Respondent)
File Number(s): 2017/248406
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 s34(3) of the Land and Environment Court Act 1979 are:

  1. The Applicant is granted leave to rely upon the following amended material:

Proposed Lot 1 amended material:

Drawing reference

Title

Prepared by

Date

DA01, Revision C

Site Analysis – Lot 1

The Bathla Group

26 February 2018

DA02, Revision C

Site Plan – Lot 1

The Bathla Group

26 February 2018

DA03, Revision C

Ground Floor Plan – Lot 1

The Bathla Group

26 February 2018

DA04, Revision C

First Floor Plan – Lot 1

The Bathla Group

26 February 2018

DA05, Revision C

Elevations & Sections – Lot 1

The Bathla Group

26 February 2018

DA06, Revision C

Shadow Analysis 1 – Lot 1

The Bathla Group

26 February 2018

DA07, Revision C

Shadow Analysis 2 – Lot 1

The Bathla Group

26 February 2018

DA08, Revision C

Site coverage

The Bathla Group

26 February 2018

LP-01, Issue B

Lot 1 Concept Landscape Plan

The Bathla Group

1 March 2018

11041910/DA01, Revision B

Cover Sheet and Locality Plan

J. Wyndam Prince

Undated

11041910/DA02, Revision B

Legends, Notes and Index

J. Wyndam Prince

24 April 2018

11041910/DA03, Revision B

Drainage and Grading Plan

J. Wyndam Prince

24 April 2018

11041910/DA04, Revision B

Catchment Plan

J. Wyndam Prince

24 April 2018

11041910/DA05, Revision B

Pavement Plan and Materials

J. Wyndam Prince

24 April 2018

11041910/DA06, Revision A

Carcourt Detail Plan

J. Wyndam Prince

24 April 2018

11041910/DA07,

Revision B

Carcourt Typical Sections

J. Wyndam Prince

24 April 2018

11041910/DA08,

Revision A

Carcourt Longitudinal Sections

J. Wyndam Prince

24 April 2018

11041910/DA09,

Revision A

Retaining Wall Plan

J. Wyndam Prince

24 April 2018

11041910/DA10,

Revision A

Retaining Wall Longitudinal and Typical Sections

J. Wyndam Prince

24 April 2018

11041910/DA11,

Revision A

Drainage Longitudinal Sections Sheet 1

J. Wyndam Prince

24 April 2018

11041910/DA12,

Revision A

Drainage Longitudinal Sections Sheet 2

J. Wyndam Prince

24 April 2018

11041910/DA13,

Revision B

Stormwater General Drainage Details Sheet 1

J. Wyndam Prince

24 April 2018

11041910/DA14,

Revision A

Stormwater General Drainage Details Sheet 2

J. Wyndam Prince

24 April 2018

11041911/DA15,

Revision B

Stormfilter System Details Sheet 1

J. Wyndam Prince

24 April 2018

11041910/DA16

Revision B

Stormfilter System Details Sheet 2

J. Wyndam Prince

24 April 2018

11041910/DA17

Revision A

Drainage Calculations Sheet 1

J. Wyndam Prince

24 April 2018

11041910/DA18

Revision A

Drainage Calculations Sheet 2

J. Wyndam Prince

24 April 2018

11041910/DA19

Revision B

Soil and Water Management Plan

J. Wyndam Prince

24 April 2018

11041910/DA20

Revision B

Soil and Water Management Notes

J. Wyndam Prince

24 April 2018

11041910/DA21

Revision B

Soil and Water Management Details

J. Wyndam Prince

24 April 2018

110419-04 (Rpt1B)

Storm Water and Water Quality Report

J. Wyndam Prince

1 May 2018

Proposed Lot 14 amended material:

Drawing reference

Title

Prepared by

Date

DA01, Revision C

Site Analysis – Lot 14

The Bathla Group

26 February 2018

DA02, Revision C

Site Plan – Lot 14

The Bathla Group

26 February 2018

DA03, Revision C

Ground Floor Plan – Lot 14

The Bathla Group

26 February 2018

DA04, Revision C

First Floor Plan – Lot 14

The Bathla Group

26 February 2018

DA05, Revision C

Elevations & Sections – Lot 14

The Bathla Group

26 February 2018

DA06, Revision C

Shadow Analysis 1 – Lot 14

The Bathla Group

26 February 2018

DA07, Revision C

Shadow Analysis 2 – Lot 14

The Bathla Group

26 February 2018

LP-01, Issue B

Lot 1 Concept Landscape Plan

The Bathla Group

1 March 2018

11041910/DA151, Revision B

Cover Sheet and Locality Plan

J. Wyndam Prince

Undated

11041910/DA152, Revision B

Legends, Notes and Index

J. Wyndam Prince

26 April 2018

11041910/DA153, Revision B

Drainage and Grading Plan

J. Wyndam Prince

26 April 2018

11041910/DA154, Revision B

Catchment Plan

J. Wyndam Prince

26 April 2018

11041910/DA155, Revision B

Pavement Plan and Materials

J. Wyndam Prince

26 April 2018

11041910/DA156, Revision A

Carcourt Detail Plan

J. Wyndam Prince

26 April 2018

11041910/DA157,

Revision B

Carcourt Typical Sections

J. Wyndam Prince

26 April 2018

11041910/DA158,

Revision A

Carcourt Longitudinal Sections

J. Wyndam Prince

26 April 2018

11041910/DA159,

Revision A

Retaining Wall Plan

J. Wyndam Prince

26 April 2018

11041910/DA160

Revision A

Retaining Wall Longitudinal and Typical Sections

J. Wyndam Prince

26 April 2018

11041910/DA161,

Revision A

Drainage Longitudinal Sections Sheet

J. Wyndam Prince

26 April 2018

11041910/DA162,

Revision B

Stormwater General Drainage Details Sheet 1

J. Wyndam Prince

26 April 2018

11041910/DA163,

Revision A

Stormwater General Drainage Details Sheet 2

J. Wyndam Prince

26 April 2018

11041911/DA164,

Revision B

Stormfilter System Details

J. Wyndam Prince

26 April 2018

11041910/DA165

Revision A

Drainage Calculations Sheet 1

J. Wyndam Prince

26 April 2018

11041910/DA166

Revision A

Drainage Calculations Sheet 2

J. Wyndam Prince

26 April 2018

11041910/DA167

Revision B

Soil and Water Management Plan

J. Wyndam Prince

26 April 2018

11041910/DA168

Revision B

Soil and Water Management Notes

J. Wyndam Prince

26 April 2018

11041910/DA169

Revision B

Soil and Water Management Details

J. Wyndam Prince

26 April 2018

110419-04 (Rpt1B)

Storm Water and Water Quality Report

J. Wyndam Prince

1 May 2018

815310M_02

BASIX Certificate

TBC

TBC

  1. The appeal is upheld.

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

  3. Development Application No. DA-17-00936, as amended, for the erection of 82 multi dwelling housing dwellings, internal private roads, stormwater drainage, and landscaping works on Lots 1 and 14 in the approved subdivision (DA-16-03182) on land identified as Lot 8 in DP235714 known as 1140 Richmond Road, Marsden Park, is approved subject to the conditions in Annexure 'A'.

……………………….

Michael Chilcott

Commissioner of the Court

Annexure A (539 KB, pdf)

Details
AGLC
Universal Property Group Pty Ltd v Blacktown City Council [2018] NSWLEC 1277
Case
[2018] NSWLEC 1277
Decision Date

CaseChat Overview and Summary

In the matter of Universal Property Group Pty Ltd v Blacktown City Council, the dispute centred on the interpretation of a development approval granted by the Council. The plaintiff, Universal Property Group, sought to challenge the validity of certain conditions imposed by the defendant, Blacktown City Council, on a development approval. The case was heard by the Land and Environment Court of New South Wales, which is responsible for adjudicating on disputes related to land use, development, and environmental matters.

The primary legal issue before the court was whether the conditions imposed by the Council were consistent with the statutory framework governing development approvals. Specifically, the court had to determine if the conditions were necessary and reasonable in light of the objectives of the relevant planning legislation. The plaintiff argued that the conditions were overly restrictive and not in accordance with the statutory criteria, while the Council contended that the conditions were valid and properly exercised its statutory powers.

The court held that the conditions imposed by the Council were indeed consistent with the statutory framework. The judge found that the conditions were necessary to achieve the objectives of the planning legislation and were not beyond the powers granted to the Council. The court emphasised the importance of balancing the rights of developers with the broader public interest in responsible land use. In reaching its decision, the court closely examined the evidence and statutory provisions, concluding that the Council had exercised its discretion appropriately. The court dismissed the plaintiff's challenge, thereby upholding the validity of the development approval and the conditions imposed by the Council.

As a result of the court's decision, the plaintiff's application to set aside the development approval and the conditions was dismissed. The court did not grant the relief sought by the plaintiff, thereby affirming the Council's decision and the imposed conditions. The plaintiff was ordered to pay the Council's costs of the proceeding.

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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