Universal Property Group Pty Ltd v Blacktown City Council
[2017] NSWLEC 1733
•18 December 2017
Land and Environment Court
New South Wales
- Amendment notes
Medium Neutral Citation: Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1733 Hearing dates: Conciliation conference on 20 October 2017, 27 November 2017 Date of orders: 18 December 2017 Decision date: 18 December 2017 Jurisdiction: Class 1 Before: Brown C Decision: See (5) below
Catchwords: DEVELOPMENT APPLICATION: construction of a mixed use development; conciliation conference; agreement between the parties; orders Legislation Cited: Environmental Planning and Assessment Act 1979
Land and Environment Court Act 1979Category: Principal judgment Parties: Universal Property Group Pty Ltd (Applicant)
Blacktown City Council (Respondent)Representation: Solicitors:
Ms E Flemming, Swaab Attorneys (Applicant)
Ms J Hewitt, HWL Ebsworth(Respondent)
File Number(s): 2017/186954 Publication restriction: No
Judgment
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COMMISSIONER: This is an appeal against the refusal of Development Application No. DA-17-00675 for the construction of a mixed use development including ground floor retail and shop top housing comprising three levels containing 60 units, rooftop common open space, basement car parking and landscaping and stormwater drainage at 81-91 Railway Terrace, Schofields.
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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 s34(3) of the Land and Environment Court Act 1979 are:
The appeal is upheld.
The Applicant is granted leave to rely upon the following amended material:
Drawing No. and Issue
Drawing Title
Prepared by
Date of Plan
DA 01, Issue C
Cover Sheet
The Bathla Group
7 November 2017
DA 02, Issue C
Compliance Table
The Bathla Group
7 November 2017
DA 05, Issue C
Site Plan
The Bathla Group
7 November 2017
DA 07, Issue C
Basement 1 Plan
The Bathla Group
7 November 2017
DA 08, Issue C
Basement 2 Plan
The Bathla Group
7 November 2017
DA09, Issue C
Ground Floor Plan
The Bathla Group
7 November 2017
DA 10, Issue C
Level 1 Plan
The Bathla Group
7 November 2017
DA 11, Issue C
Level 2 Plan
The Bathla Group
7 November 2017
DA 12, Issue C
Level 3 Plan
The Bathla Group
7 November 2017
DA 13, Issue C
Roof Plan
The Bathla Group
7 November 2017
DA 14, Issue C
Elevations 1
The Bathla Group
7 November 2017
DA 15, Issue C
Elevations 2
The Bathla Group
7 November 2017
DA 16, Issue C
Sections 1
The Bathla Group
7 November 2017
DA 17, Issue C
Sections 2
The Bathla Group
7 November 2017
DA 18, Issue C
Materials and Finishes
The Bathla Group
7 November 2017
DA 19, Issue C
Shadow Diagram
The Bathla Group
7 November 2017
DA 20, Issue C
Solar Access
The Bathla Group
7 November 2017
DA 21, Issue C
Cross Ventilation
The Bathla Group
7 November 2017
DA 22, Issue C
Area Clac. – GFA
The Bathla Group
7 November 2017
DA 23, Issue C
Area Calc. Landscape – COS Deep Soil
The Bathla Group
7 November 2017
DA 24, Issue C
Building Height Compliance
The Bathla Group
7 November 2017
DA 25, Issue C
3D Views
The Bathla Group
7 November 2017
DA 26, Issue C
Typical Adaptable & Liveable Unit
The Bathla Group
7 November 2017
DA 27, Issue C
Frontage Detail
The Bathla Group
7 November 2017
DA 28, Issue C
Internal Storage Calculation
The Bathla Group
7 November 2017
DA 29, Issue C
Notification Plan
The Bathla Group
7 November 2017
SY16165C01, Issue D
Stormwater Drainwater Layout Plan – Site Plan
Ryan Barker Stewart
15 November 2017
SY16165C02, Issue D
Details and Sections
Ryan Barker Stewart
15 November 2017
SY16165C03, Issue D
Details and Sections
Ryan Barker Stewart
15 November 2017
SY16165C04, Issue D
Soil and Water Management Plan
Ryan Barker Stewart
15 November 2017
SY16165C05, Issue D
Soil and Water Management Details
Ryan Barker Stewart
15 November 2017
SY16165C06, Issue D
OSD Details and Sections
Ryan Barker Stewart
15 November 2017
CA17/122/2001
Construction Management Plan
The Bathla Group
10 November 2017
Not applicable
Vegetation Management Plan
Dominic Fanning - Gunninah
November 2017
Not Applicable
Waste Management Plan
The Bathla Group
Undated
809939M_02
BASIX Certificate
Ecoinnovate
8 November 2017
The Applicant is to pay the Respondent's costs under section 97B of the Environmental Planning Assessment Act 1979 in the amount of $6,700 within 28 days.
Development Application No. DA-17-00675 for the construction of a mixed use development including ground floor retail and shop top housing comprising three levels containing 60 units, rooftop common open space, basement car parking and landscaping and stormwater drainage on Lot 9 DP237933 and Lot 9 and Lot 10 DP18574 (known as 81-91 Railway Terrace, Schofields), is approved subject to the conditions in Annexure 'A'.
……………………….
G Brown
Commissioner of the Court
Annexure A (C)
Annexure B
Amendments
19 December 2017 - Correct date of orders and decision.
Decision last updated: 19 December 2017
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