Universal Property Group Pty Ltd v Blacktown City Council

[2018] NSWLEC 1145

Land and Environment Court

New South Wales

Medium Neutral Citation:	Universal Property Group Pty Ltd v Blacktown City Council [2018] NSWLEC 1145
Hearing dates:	Conciliation conference on 23 January 2018, 7 February 2018, 27 February 2018, 28 February 2018, 7 March 2018 and 12 March 2018
Date of orders:	21 March 2018
Decision date:	21 March 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 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:	Solicitor: Mr Colin McFadzean, Swaab Attorneys (Applicant) Ms Laura Raffaele, Bartier Perry (Respondent)
File Number(s):	2017/275771
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 amend Development Application No. SPP-17-00019 and to rely upon the following amended plans, copies of which are behind Annexure “A”:

Drawing / Document Number	Drawing/Document Title	Prepared by	Date
DA01 Rev D	Master Plan/Site Plan	The Bathla Group	7 February 2018
DA02 Rev D	Site Analysis	“	7 February 2018
DA03 Rev D	Lot 1 - Ground Floor Plan – Part 1	“	7 February 2018
DA04 Rev D	Lot 1 - Ground Floor Plan – Part 2	“	7 February 2018
DA05 Rev D	Lot 1 - First Floor Plan – Part 1	“	7 February 2018
DA06 Rev D	Lot 1 – First Floor Plan – Part 2	“	7 February 2018
DA07 Rev D	Lot 1 Elevations	“	7 February 2018
DA08 Rev D	Lot 1 Elevations	“	7 February 2018
DA09 Rev C	Lot 1 Elevations / Sections	“	16 January 2018
DA10 Rev C	Lot 1 Shadow Analysis	“	16 January 2018
DA11 Rev D	Lot 2 – Ground Floor Plan – Part 1	“	7 February 2018
DA12 Rev D	Lot 2 – Ground Floor Plan – Part 2	“	7 February 2018
DA13 Rev D	Lot 2 – First Floor Plan – Part 1	“	7 February 2018
DA14 Rev D	Lot 2 – First Floor Plan – Part 2	“	7 February 2018
DA15 Rev D	Lot 2 Elevations	“	7 February 2018
DA16 Rev D	Lot 2 Elevations	“	7 February 2018
DA17 Rev D	Lot 2 Section	“	7 February 2018
DA18 Rev D	Lot 2 Shadow Analysis	“	7 February 2018
DA19 Rev D	Lot 3 – Ground Floor Plan – Part 1	“	7 February 2018
DA20 Rev D	Lot 3 – Ground Floor Plan – Part 2	“	7 February 2018
DA21 Rev D	Lot 3 – First Floor Plan – Part 1	“	7 February 2018
DA22 Rev D	Lot 3 – First Floor Plan – Part 2	The Bathla Group	7 February 2018
DA23 Rev B	Lot 3 Elevations	“	15 December 2017
DA24 Rev D	Lot 3 Elevations	“	7 February 2018
DA25 Rev D	Lot 3 Sections	“	7 February 2018
DA26 Rev D	Lot 3 Shadow Analysis	“	7 February 2018
DA27 Rev D	Lot 3 Shadow Analysis With Fencing	“	7 February 2018
Issue B	Main Body Colour Schemes	“	17 January 2018
Issue C	Lot 1 Colour Schedule	“	7 February 2018
Issue C	Lot 1 Colour Schedule	“	7 February 2018
Issue B	Lot 2 Colour Schedule	“	17 January 2018
Issue B	Lot 3 Colour Schedule	“	17 January 2018
Issue B	Lot 3 Colour Schedule	“	17 January 2018
LP-ST01 Rev C	Concept Landscape Plan	“	5 February 2018
LP-ST01 Rev C	Landscape Sections	“	5 February 2018
000 Rev B	Orion Consulting Engineers	16 January 2018
001 Rev B	General Layout Plan, Notes & Legend	“	16 January 2018
002 Rev B	Tree Removal Plan	“	16 January 2018
003 Rev B	Site Regrading Plan	“	16 January 2018
004 Rev B	Site Regrading Section Plan	“	16 January 2018
005 Rev B	Site Regrading Sections – Sheet 01 of 04	“	16 January 2018
006 Rev B	Site Regrading Sections – Sheet 02 of 04	“	16 January 2018
007 Rev B	Site Regrading Sections – Sheet 03 of 04	“	16 January 2018
008 Rev B	Site Regrading Sections – Sheet 04 of 04	“	16 January 2018
010 Rev B	Sediment & Erosion Control Plan	“	16 January 2018
011 Rev B	Sediment & Erosion Control Notes & Details	“	16 January 2018
013 Rev B	Engineering Plan – Sheet 1 of 4	“	16 January 2018
014 Rev B	Engineering Plan – Sheet 2 of 4	“	16 January 2018
015 Rev B	Engineering Plan – Sheet 3 of 4	“	16 January 2018
016 Rev B	Engineering Plan – Sheet 4 of 4	“	16 January 2018
017 Rev B	Retaining Wall & Finish Floor Level – Sheet 1 of 4	“	16 January 2018
018 Rev B	Retaining Wall & Finish Floor Level – Sheet 2 of 4	“	16 January 2018
019 Rev B	Retaining Wall & Finish Floor Level – Sheet 3 of 4	“	16 January 2018
020 Rev B	Retaining Wall & Finish Floor Level – Sheet 4 of 4	“	16 January 2018
021 Rev B	Road Long Sections – 1 of 3	“	16 January 2018
022 Rev B	Road Long Sections – 2 of 3	“	16 January 2018
023 Rev B	Road Long Sections – 3 of 3	“	16 January 2018
024 Rev B	Driveways Long Section – Sheet 1 of 2	“	16 January 2018
025 Rev B	Driveways Long Section – Sheet 2 of 2	“	16 January 2018
026 Rev B	Road & Driveway Typical Cross Sections	“	16 January 2018
030 Rev B	Catchment Plan	“	16 January 2018
031 Rev B	Overall Catchment Plan	“	16 January 2018
040 Rev B	Basin No. 01, 02 & 03 Layout Plan	“	16 January 2018
041 Rev B	DCP Sections & Details	“	16 January 2018
042 Rev B	Bio-Retention Details	“	16 January 2018
043 Rev B	Bio-Retention Planting Plans	“	16 January 2018

2. The appeal is upheld.

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.

4. Development Application No. SPP-17-00019 for the erection of 180 multi dwelling housing dwellings, internal private roads and access ways, stormwater drainage, tree removal and associated landscaping works on Lots 1, 2 and 3 in approved subdivision DA-16-05229 on land identified as Lots 3 & 4 Section Q in DP712, known as 102-106 Cranbourne Street, Riverstone, is approved, subject to the conditions in Annexure 'B'.

……………………….

Michael Chilcott

Commissioner of the Court

Annexure A (10.4 MB, pdf)

Annexure B (441 KB, pdf)