Universal Property Group Pty Ltd v Blacktown City Council

[2018] NSWLEC 1196

Land and Environment Court

New South Wales

Medium Neutral Citation:	Universal Property Group Pty Ltd v Blacktown City Council [2018] NSWLEC 1196
Hearing dates:	Conciliation conference on 30 November and 21 December 2017, and 25 January, 2 February and 20 April 2018
Date of orders:	20 April 2018
Decision date:	20 April 2018
Jurisdiction:	Class 1
Before:	Brown C
Decision:	See [5] below
Catchwords:	DEVELOPMENT APPLICATION: subdivision, creation of three lots, a residue lot, public roads and subsequent construction of 25 dwellings in a multi-dwelling development including site works, construction of driveways, car parking, stormwater drainage, tree removal and associated landscaping works conciliation conference; agreement between the parties; orders
Legislation Cited:	Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Universal Property Group Pty Ltd (Applicant) Blacktown City Council(Respondent)
Representation:	Solicitors: E Fleming, Herbert Geer (Applicant) D Creais, Bartier Perry (Respondent)
File Number(s):	2017/188468
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal by Universal Property Group Pty Ltd against the deemed refusal by Council of Development Application No. DA-17-00632 for the proposed subdivision, creation of three lots, a residue lot, public roads and subsequent construction of 25 dwellings in a multi-dwelling development including site works, construction of driveways, car parking, stormwater drainage, tree removal and associated landscaping works on Lot 72 in DP 28833 land known as 93 Hambledon Road, Schofields.

2. 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”.

3. 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.

4. 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.

5. 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:

Drawing reference	Title	Prepared by	Date
DA01, Rev 2	Site Analysis	Universal Property Group Pty Ltd	21 November 2017
DA02, Rev 2	Subdivision Plan	Universal Property Group Pty Ltd	21 November 2017
DA03, Rev 3	Site Plan	Universal Property Group Pty Ltd	30 November 2017
DA04, Rev 3	Ground Floor Plan	Universal Property Group Pty Ltd	30 November 2017
DA05, Rev 2	First Floor Plan	Universal Property Group Pty Ltd	21 November 2017
DA06, Rev 2	Elevations	Universal Property Group Pty Ltd	21 November 2017
DA07, Rev 2	Elevations and Sections	Universal Property Group Pty Ltd	21 November 2017
DA08, Rev 2	Shadow Analysis	Universal Property Group Pty Ltd	21 November 2017
DA09, Rev 2	Shadow Matrix	Universal Property Group Pty Ltd	21 November 2017
P93-C02-001, Issue P05	Cover Sheet	Arup Consulting Engineers	Undated
P93-C02-002, Issue P05	Locality Plan, Drawing Schedule and Legend	Arup Consulting Engineers	7 March 2018
P93-C02-100, Issue P05	Bulk Earthworks Multi Dwelling Development Lots Sheet 1 of 2	Arup Consulting Engineers	7 March 2018
P93-C02-101, Issue P05	Bulk Earthworks Multi Dwelling Development Lots Sheet 2 of 2	Arup Consulting Engineers	7 March 2018
P93-C02-102, Issue P05	Bulk Earthworks Driveway No's 1 and 2 Longitudinal Sections and Typical Sections 1 and 2	Arup Consulting Engineers	7 March 2018
P93-C02-103, Issue P05	Bulk Earthworks Stage 1 Cut and Fill Plan	Arup Consulting Engineers	7 March 2018
P93-C02-104, Issue P05	Bulk Earthworks Stage 2 Cut and Fill Plan	Arup Consulting Engineers	7 March 2018
P93-C02-200, Issue P05	Index plan and section 94 Works	Arup Consulting Engineers	7 March 2018
P93-C02-201, Issue P05	Roadworks and Drainage Setout Plan Sheet 1 of 4	Arup Consulting Engineers	7 March 2018
P93-C02-202, Issue P05	Roadworks and Drainage Setout Plan Sheet 2 of 4	Arup Consulting Engineers	7 March 2018
P93-C02-203, Issue P05	Roadworks and Drainage Setout Plan Sheet 3 of 4	Arup Consulting Engineers	7 March 2018
P93-C02-204, Issue P05	Roadworks and Drainage Setout Plan Sheet 4 of 4	Arup Consulting Engineers	7 March 2018
P93-C02-205, Issue P05	Proposed Jerralong Dr. Longitudinal Section and Typical Cross Section	Arup Consulting Engineers	7 March 2018
P93-C02-206, Issue P05	Future Road No. 2 Connection, Road No. 3 Longitudinal Sections and Typical Cross Sections	Arup Consulting Engineers	7 March 2018
P93-C02-207, Issue P05	Road No. 4 Longitudinal Section and Typical Cross Section	Arup Consulting Engineers	7 March 2018
P93-C02-208, Issue P05	Future Road No. 4 Longitudinal Sections	Arup Consulting Engineers	7 March 2018
P93-C02-209, Issue P05	Road No. 5 Longitudinal Section and Typical Cross Section	Arup Consulting Engineers	7 March 2018
P93-C02-250, Issue P05	Retaining Wall No. 1 Longitudinal Section and Earthworks Excavation Details	Arup Consulting Engineers	7 March 2018
P93-C02-251, Issue P05	Retaining Wall No. 2 Longitudinal Section and Earthworks Excavation Details	Arup Consulting Engineers	7 March 2018
P93-C02-300, Issue P05	Trunk Drainage Culvert (Section 94 Works) Longitudinal Section Line No. 901	Arup Consulting Engineers	7 March 2018
P93-C02-301, Issue P05	Drainage External Catchment Plan Section 94 Works	Arup Consulting Engineers	7 March 2018
P93-C02-302, Issue P05	Drainage Catchment Plan	Arup Consulting Engineers	7 March 2018
P93-C02-303, Issue P05	Drainage Calculation Sheet 1 of 3	Arup Consulting Engineers	7 March 2018
P93-C02-304, Issue P05	Drainage Calculation Sheet 2 of 3	Arup Consulting Engineers	7 March 2018
P93-C02-305, Issue P05	Drainage Calculation Sheet 3 of 3	Arup Consulting Engineers	7 March 2018
P93-C02-306, Issue P05	Drainage Longitudinal Section Line No's 1, 1A, 2, 3, 4, 5, 6, 7, and 8	Arup Consulting Engineers	7 March 2018
P93-C02-307, Issue P05	Drainage Longitudinal Section Line No's 9, 10, 11, 12, 13, 15, 17, 29, 32, 34, Basin Inlet & Basin Outlet	Arup Consulting Engineers	7 March 2018
P93-C02-308, Issue P05	Drainage Longitudinal Section Line No. Culvert 901	Arup Consulting Engineers	7 March 2018
SK(D)011, Issue P02	Future Drainage Plan	Arup Consulting Engineers	7 March 2018
SK(D)012, Issue P02	Future Drainage Catchment Plan	Arup Consulting Engineers	7 March 2018
SK(D)013, Issue P02	Future Drainage Calculation Sheet 1 of 4	Arup Consulting Engineers	7 March 2018
SK(D)014, Issue P02	Future Drainage Calculation Sheet 2 of 4	Arup Consulting Engineers	7 March 2018
SK(D)015, Issue P02	Future Drainage Calculation Sheet 3 of 4	Arup Consulting Engineers	7 March 2018
SK(D)016, Issue P02	Future Drainage Calculation Sheet 4 of 4	Arup Consulting Engineers	7 March 2018
SK(D)017, Issue P02	Future Drainage Longitudinal Section Line No's 1, 1-F, 1-INT, 1A, 2 and 3	Arup Consulting Engineers	7 March 2018
SK(D)018, Issue P02	Future Drainage Longitudinal Section Line No's 3-F, 4, 5, 6, 8, 8-F, 9, 9-f, 10, 11, 12, 13, 15, 16, 17, 18, 19 & 20	Arup Consulting Engineers	7 March 2018
SK(D)019, Issue P02	Future Drainage Longitudinal Section Line No's 20, 21, 22, 22, 23, 23-INT, 24, 25, 26-INT & 28-INT	Arup Consulting Engineers	7 March 2018
SK(D)020, Issue P02	Future Drainage Longitudinal Section Line No's 29, 30-INT, 31, 31-INT, 32, 33 and 34	Arup Consulting Engineers	7 March 2018
SK(D)021, Issue P02	Future Drainage Longitudinal Section Line No's 35, 36, 36-INT, 37, 38, and Line Culvert	Arup Consulting Engineers	7 March 2018
249413, Rev 2	Temporary Water Quality Treatment and On Site Detention	Arup Consulting Engineers	8 December 2017
NE164	Validation Report on Site Contamination for Proposed Residential Development	Geotesta	26 July 2017

2. The appeal is upheld.

3. 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.

4. Development Application No. DA-17-0062 for the subdivision to create four (4) Torrens Title lots, construction of public roads and subsequent construction of 25 dwellings in a multi-dwelling development including construction of driveways on proposed Lots 2 and 3, stormwater drainage, tree removal and associated landscaping works on 93 Hambledon Road, Schofields (legally described as Lot 1 in DP 1240158, previously described as Lot 72 in DP 28833, Part Lot 56 in DP1213802, previously Lot 85 DP28833, and Lot 17 DP1231838, is approved subject to the conditions in Annexure “A”.

……………………….

Graham Brown

Commissioner of the Court

Annexure A (213 KB, pdf)