Universal Property Group Pty Ltd v Blacktown City Council

[2017] NSWLEC 1675

Land and Environment Court

New South Wales

Medium Neutral Citation:	Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1675
Hearing dates:	Conciliation conference on 22 November 2017
Date of orders:	04 December 2017
Decision date:	04 December 2017
Jurisdiction:	Class 1
Before:	Smithson 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:	Solicitor: Ms E Fleming, SWAAB Attorneys (Applicant) Mr J Merlino, HWL Ebsworth (Respondent)
File Number(s):	2017/41862
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 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
AA2001 Revision F	Compliance Table	The Bathla Group	7 November 2017
AA2056 Revision F	Area Calc. – COS.	The Bathla Group	7 November 2017
AA2031 Revision F	External Finishes Schedule	The Bathla Group	7 November 2017

3. The Applicant's clause 4.6 written request prepared by Boston Blyth Fleming for a variation of the Height of Building development standard under State Environmental Planning Policy (Sydney Growth Centres) 2006 is upheld.

4. Development consent is granted to DA No. JRPP-16-0337 for the construction of five x 5 storey residential flat buildings within Proposed Lot 3 in the plan of subdivision of Lot 2 DP 1219130, Lot 500 DP 1195372, Lot 213 DP 1189773 and Lot 214 DP 1189773 as proposed in DA-16-04135, consisting of 214 units with basement car parking, storm water drainage and landscaping works on land known as 27 Boundary Road and 29 – 33 Schofields Road, Schofields, subject to the conditions in Annexure "A". A copy of the architectural, landscape and stormwater plans which are the subject of this development application are behind Annexure "B".

……………………….

Jenny Smithson

Commissioner of the Land and Environment Court of NSW

Annexure A (C) (1.16 MB, pdf)

Annexure B (5.36 MB, pdf)