Universal Property Group Pty Ltd v Blacktown City Council

[2017] NSWLEC 1731

Land and Environment Court

New South Wales

Medium Neutral Citation:	Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1731
Hearing dates:	Conciliation conferences on 8, 30 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: dedication and construction of a public road, the construction of a residential flat building and ancillary 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: Mr C McFadzean, Swaab Attorneys (Applicant) Mr S Simington, Lindsay Taylor Lawyers (Respondent)
File Number(s):	2017/195713
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal against the refusal of DA No. 17-00431 for the consolidation, dedication and construction of a public road, the construction of a residential flat building containing 46 units and two basement car parking levels, tree removal, landscaping works and associated stormwater works at 54-58 Advance Street, Riverstone.

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 appeal is upheld;

2. the Applicant is granted leave to amend the development application by relying on the following amended plans:

Drawing No. and Issue	Title	Prepared by	Date
DA-05 Issue B DA-06 Issue C	Site Plan Plan - Basement 1 & 2 Plan	The Bathla Group	2017 09/10/2017
DA-07 Issue C	Plan – Ground & Typical
DA-08 Issue C	Plan - Level 3 and 4
DA-09 Issue C	Plan - Roof
DA-10 Issue C	Section – AA+BB+CC
DA-11 IssueDA No. 17-00431 for the consolidation of Lot 14 DP 244164 and Lots 23 and 24 DP 850117, dedication and construction of a public road, the construction of a residential flat building containing 46 units and two basement car parking levels, tree removal, landscaping works and associated stormwater works on land known as 54-58 Advance Street, Riverstone C	Driveway Sections
DA-12 Issue C	Elevations
DA-13 Issue C	Material and Finishes
L01 Rev R02	Cover Sheet	The Bathla Group	03/05/2017
L02 Rev R02	Concept Landscape Plan
L03 Rev R02	Concept Landscape Plan
L04 Rev R02	Landscape Details
LP ST01 Revision B	Street Tree Planting Plan			The Bathla Group	21/11/2017
-	Cover sheet	Barker Ryan Stewart	21/11/2017
SY16244C02 Rev E	Engineering Plan – External Road Surfaces
SY16244C03 Rev E	Longitudinal Section, Typical Cross Sections and Details
SY16244C04 Rev E	Stormwater Drainage Internal – Site / Ground Floor Plan
SY16244C05 Rev E	Details and Sections
SY16244C06 Rev E	Catchment Plans & Drainage Longitudinal Section
Waste Management Plan	Barker Ryan Stewart	21/11/2017

3. The Applicant to pay the Council’s costs under s 97B of the Environmental Planning and Assessment Act 1979 arising from paragraph (b) as agreed or assessed.

4. Development consent is granted to DA No. 17-00431 for the consolidation of Lot 14 DP 244164 and Lots 23 and 24 DP 850117, dedication and construction of a public road, the construction of a residential flat building containing 46 units and two basement car parking levels, tree removal, landscaping works and associated stormwater works on land known as 54-58 Advance Street, Riverstone, subject to the conditions in Annexure "A". A copy of the architectural plans, landscape plans and stormwater plans that are the subject of this development application (as amended) are attached at Annexure "B".

……………………….

G Brown

Commissioner of the Court

Annexure A (C) (473 KB, pdf)

Annexure B (Plans) (10.3 MB, pdf)