Universal Property Group Pty Ltd v Blacktown City Council

[2017] NSWLEC 1571

Land and Environment Court

New South Wales

Medium Neutral Citation:	Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1571
Hearing dates:	Conciliation conference on 8 August, 14 September & 6 October 2017
Date of orders:	11 October 2017
Decision date:	11 October 2017
Jurisdiction:	Class 1
Before:	Martin SC
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, Herbert Greer (Applicant) Mr D Loether, Bartier Perry (Respondent)
File Number(s):	2017/73105
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 rely upon the following amended material, copies of which are behind Annexure “A”:

Acoustic Review of Contention 8(a)h prepared by Acoustic Logic dated 24 August 2017

3. The Applicant's clause 4.6 written request prepared by GLN planning Consulting Strategy for a variation of the Height of Building development standard under State Environmental Planning Policy (Sydney Growth Centres) 2006, a copy of which is behind Annexure “B”, is upheld.

4. The Applicant is to pay the Respondent's costs under section 97B of the Environmental Planning Assessment Act 1979 as agreed or assessed.

5. Development application No. SPP-16-04465 for the erection of 5 residential flat buildings containing 284 units on approved lots 12A and 13A in the subdivision of Lots 12 and 13 in Deposited Plan 31797 (Pelican Road, Schofields) including basement carparking and stormwater and landscaping works is approved subject to the conditions of consent set out in Annexure “C”.

……………………….

Senior Commissioner Martin

Annexure A (Pt1) (9.00 MB, pdf)

Annexure A (Pt2) (6.65 MB, pdf)

Annexure A (Pt3) (6.13 MB, pdf)

Annexure A (Pt4) (4.29 MB, pdf)

Annexure A (Pt5) (5.18 MB, pdf)

Annexure A (Pt6) (9.54 MB, pdf)

Annexure A (Pt7) (9.51 MB, pdf)

Annexure B clause 4.6 (2.13 MB, pdf)

Annexure C (580 KB, pdf)