Universal Property Group Pty Ltd v Blacktown City Council
[2017] NSWLEC 1520
•19 September 2017
Land and Environment Court
New South Wales
Medium Neutral Citation: Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1520 Hearing dates: Conciliation conference on 1, 17, 28 August, 5, 14, 18 & 19 September 2017 Date of orders: 19 September 2017 Decision date: 19 September 2017 Jurisdiction: Class 1 Before: Chilcott 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, Herbert Geer (Applicant)
Mr D Loether, Bartier Perry (Respondent)
File Number(s): 2017/69624 Publication restriction: No
Judgment
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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”.
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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 amend Development Application No. JRPP-16-03329 and to rely upon the following amended plans and documents, copies of which are behind Annexure “A”:
Drawing/Document Number
Drawing/Document Title
Prepared by
Date
A1000, Revision C
Cover Page
The Bathla Group
August 2017
A1001, Revision D
Compliance Table
The Bathla Group
August 2017
A1002, Revision A
Location & Site Analysis Plans
The Bathla Group
May 2016
A1003, Revision A
Site Survey Plan
The Bathla Group
May 2016
A1004, Revision D
Site Plan
The Bathla Group
August 2017
A1005, Revision D
Site & Staging Plan
The Bathla Group
August 2017
A1006, Revision D
Basement01 – Staging Plan
The Bathla Group
August 2017
A1007, Revision C
Basement 02
The Bathla Group
August 2017
A1008, Revision D
Basement 01
The Bathla Group
August 2017
A1009, Revision E
Ground Floor
The Bathla Group
August 2017
A1010, Revision D
Level 1
The Bathla Group
August 2017
A1011, Revision E
Level 2
The Bathla Group
August 2017
A1012, Revision D
Level 3
The Bathla Group
August 2017
A1013, Revision D
Level 4
The Bathla Group
August 2017
A1014, Revision D
Level 5
The Bathla Group
August 2017
A1015, Revision D
Roof
The Bathla Group
August 2017
A1016, Revision D
Typical Floor Plan Block C
The Bathla Group
August 2017
A1017, Revision D
Typical Floor Plan Block D & E
The Bathla Group
August 2017
A1018, Revision C
Typical Floor Plan Block A & B
The Bathla Group
August 2017
A1020, Revision E
Sections 01
The Bathla Group
August 2017
A1021 Revision D
Section 02
The Bathla Group
August 2017
A1030, Revision D
Elevations 01
The Bathla Group
August 2017
A1031, Revision D
Elevations 02
The Bathla Group
August 2017
A1032, Revision D
Elevations 03
The Bathla Group
August 2017
A1033, Revision C
Materials & Colours Schedule
The Bathla Group
August 2017
A1040, Revision C
Shadow Diagrams (21st June)
The Bathla Group
August 2017
A1050, Revision D
Solar Access Compliance
The Bathla Group
August 2017
A1051, Revision D
Cross Ventilation Compliance
The Bathla Group
August 2017
A1052, Revision C
Area CALC – Floor Space Ratio
The Bathla Group
August 2017
A1053, Revision C
Area CALC – Landscape
The Bathla Group
August 2017
A1054 – Revision C
Area CALC – Deep Soil Zone
The Bathla Group
August 2017
A1055 – Revision D
Communal Open Space Stage 01
The Bathla Group
August 2017
A1056, Revision D
Communal Open Space Stage 02
The Bathla Group
August 2017
A1057, Revision D
Communal Open Space Stage 03
The Bathla Group
August 2017
A1058, Revision C
Height Limit Diagram
The Bathla Group
August 2017
A1060, Revision B
Typical Adaptable Units
The Bathla Group
August 2017
A1061, Revision B
Typical Livable Units
The Bathla Group
August 2017
A1070, Revision B
Perspective Views
The Bathla Group
August 2017
A1071, Revision B
Photomontage 1
The Bathla Group
August 2017
A1072, Revision B
Photomontage 2
The Bathla Group
August 2017
A1073, Revision B
Photomontage 3
The Bathla Group
August 2017
A1074, Revision B
Photomontage 4
The Bathla Group
August 2017
DA701-R02
Site Plan Diagram with Zone SP2
The Bathla Group
May 2016
SK-01
Survey Plan Extract
The Bathla Group
September 2017
L01, Revision R02
Coversheet
The Bathla Group
13 September 2017
LP2, Revision R03
Ground Floor Concept Landscape Plan
The Bathla Group
12 September 2017
LP3, Revision R03
Level 1 Concept Landscape Plan
The Bathla Group
12 September 2017
LP4, Revision R03
Level 5 Concept Landscape Plan
The Bathla Group
13 September 2017
L2, Revision R02
Landscape Details & Planting Schedule
The Bathla Group
August 2017
747349M_03
BASIX Certificate
SLR Consulting Pty Ltd
18 September 2017
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SEPP 65 Design Verification Statement
Chee Lim
14 September 2017
The Applicant's clause 4.6 request, prepared by GLN Planning Consulting Strategy, for a variation of the Height of Building development standard under State Environmental Planning Policy (Sydney Region Growth Centres) 2006, a copy of which is behind Annexure “B”, is upheld.
The Applicant is to pay the Respondent’s costs pursuant to section 97B of the Environmental Planning and Assessment Act 1979, as agreed or assessed.
Development Application No. JRPP-16-03329 for the staged construction of five residential flat buildings containing 424 units, basement car parking, including stormwater and landscaping works and the construction of a private road on approved Lots 15C, 16K, 16L & 16M in the subdivision of Lot 16 in deposited plan 31797, be approved subject to the conditions which are behind Annexure “C”.
……………………….
Commissioner Chilcott
Annexure A (16.8 MB, pdf)
Annexure B (419 KB, pdf)
Annexure C (480 KB, pdf)
Decision last updated: 22 September 2017
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