Universal Property Group Pty Ltd v Blacktown City Council

[2017] NSWLEC 1723

Land and Environment Court

New South Wales

Medium Neutral Citation:	Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1723
Hearing dates:	Conciliation conference on 24 November 2017
Date of orders:	15 December 2017
Decision date:	15 December 2017
Jurisdiction:	Class 1
Before:	Dixon C
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Universal Property Group Pty Ltd (Applicant) Blacktown City Council (Respondent)
Representation:	Counsel: Ms J Reid (Applicant) Solicitors: Swaab Attorneys (Applicant) Ms K Mortimer, Lindsay Taylor Lawyers (Respondent)
File Number(s):	2017/ 215034
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:

Drawing No. and Issue	Drawing Title	Prepared by	Date of Plan
Drawing No. DA01/02, Rev B	Subdivision Plan	The Bathla Group	November 2017
Drawing No. DA02/02, Rev B	Subdivision Plan Road Pattern	The Bathla Group	November 2017
Plan No. 000, Rev B	Cover Sheet	Orion Consulting Engineers	Undated
Plan No. 001, Rev B	General Arrangement Plan, Notes & Legend	Orion Consulting Engineers	27 November 2017
Plan No. 002, Rev B	Demolition & Tree Removal Plan	Orion Consulting Engineers	27 November 2017
Plan No. 003, Rev B	Site Regrading Plan	Orion Consulting Engineers	27 November 2017
Plan No. 004, Rev B	Site Regrading Sections – Sheet 01 of 02	Orion Consulting Engineers	27 November 2017
Plan No. 005, Rev B	Site Regrading Sections – Sheet 02 of 02	Orion Consulting Engineers	27 November 2017
Plan No. 010, Rev B	Sediment & Erosion Control Plan	Orion Consulting Engineers	27 November 2017
Plan No. 011, Rev B	Sediment & Erosion Control Plan Notes & Details	Orion Consulting Engineers	27 November 2017
Plan No. 013, Rev B	Engineering Plan	Orion Consulting Engineers	27 November 2017
Plan No. 014, Rev B	Inset A, Sections & Details	Orion Consulting Engineers	27 November 2017
Plan No. 020, Rev B	Road Longitudinal Sections – Sheet 01 of 03	Orion Consulting Engineers	27 November 2017
Plan No. 021, Rev B	Road Longitudinal Sections – Sheet 02 of 03	Orion Consulting Engineers	27 November 2017
Plan No. 022, Rev B	Road Longitudinal Sections – Sheet 03 of 03	Orion Consulting Engineers	27 November 2017
Plan No. 030, Rev B	Catchment Plan	Orion Consulting Engineers	27 November 2017
Plan No. 040, Rev B	Basin Setout Plan, Sections & Details	Orion Consulting Engineers	27 November 2017
Plan No. 41, Rev B	Bio-Retention Details & Planting	Orion Consulting Engineers	27 November 2017

2. The appeal is upheld.

3. Development Application No. DA-16-05399, for the subdivision of Lot 6 Section Q DP712 (known as 124 Cranbourne Street, Riverstone) into 6 lots, construction of public road and associated storm water drainage is approved subject to the conditions in Annexure 'A'.

……………………….

S Dixon

Commissioner of the Court

Annexure A (C) (379 KB, pdf)

(Subdiv Plans) (214 KB, pdf)