Universal Property Group Pty Ltd v Blacktown City Council

[2017] NSWLEC 1492

Land and Environment Court

New South Wales

Medium Neutral Citation:	Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1492
Hearing dates:	Conciliation conference on 3 August 2017
Date of orders:	06 September 2017
Decision date:	06 September 2017
Jurisdiction:	Class 1
Before:	Dickson C
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Sydney Growth Centres) 2006
Category:	Principal judgment
Parties:	Universal Property Group Pty Ltd (Applicant) Blacktown City Council (Respondent)
Representation:	Counsel: Mr M Staunton (Applicant) Solicitors: Ms E Flemming, Swaab Attorneys (Applicant) Mr D Loether, Bartier Perry Lawyers (Respondent)
File Number(s):	2017/70963
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 Development Application No. JRPP-16-03333 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
DA 16H-000, Revision D	Cover Page	The Bathla Group	17 August 2017
DA 16H-001, Revision D	Compliance Table	The Bathla Group	17 August 2017
DA 16H-002, Revision D	Site Analysis	The Bathla Group	17 August 2017
DA 16H-003, Revision D	Plan – Site Plan	The Bathla Group	17 August 2017
DA 16H-004, Revision D	Basement 3	The Bathla Group	17 August 2017
DA 16H-005, Revision D	Plan – Basement 2	The Bathla Group	17 August 2017
DA 16H-006, Revision D	Plan – Lower Ground / Basement 1	The Bathla Group	17 August 2017
DA 16H-007, Revision D	Plan – Ground	The Bathla Group	17 August 2017
DA 16H-008, Revision D	Plan – Level 1	The Bathla Group	17 August 2017
DA 16H-009, Revision D	Plan – Level 2	The Bathla Group	17 August 2017
DA 16H-010, Revision D	Plan – Level 3	The Bathla Group	17 August 2017
DA 16H-011, Revision D	Plan – Level 4	The Bathla Group	17 August 2017
DA 16H-012, Revision D	Plan - Roof	The Bathla Group	17 August 2017
DA 16H-013, Revision D	Pre & Post Adaptable Units	The Bathla Group	17 August 2017
DA 16H-014, Revision D	Section C & Truck Ramp	The Bathla Group	17 August 2017
DA 16H-015, Revision D	Section A & D	The Bathla Group	17 August 2017
DA 16H-016, Revision D	South & East Elevations	The Bathla Group	17 August 2017
DA 16H-017, Revision D	North & West Elevations	The Bathla Group	17 August 2017
DA 16H-018, Revision D	Daylight Compliance	The Bathla Group	17 August 2017
DA 16H-019, Revision D	Area COS – Deep Soil – Landscape	The Bathla Group	17 August 2017
DA 16H-020, Revision D	Communal Open Space Analysis	The Bathla Group	17 August 2017
DA 16H-021, Revision D	Individual Unit Ventilation	The Bathla Group	17 August 2017
DA 16H-022, Revision D	Material Schedule	The Bathla Group	17 August 2017
DA 16H-023, Revision D	Area Schedule	The Bathla Group	17 August 2017
DA 16H-028, Revision D	Notification Plan	The Bathla Group	17 August 2017
DA 16H-031, Revision D	Height Limit	The Bathla Group	17 August 2017
DA 16H-032, Revision D	Site Coverage	The Bathla Group	17 August 2017
DA 16 H&IJ	Shadow Analysis 3D	The Bathla Group	July 2017
DA 16 H&IJ	Shadow Analysis Elevation	The Bathla Group	July 2017
DA 16 H&IJ	Shadow Analysis – H&IJ	The Bathla Group	July 2017
LP-DA 01, Revision C	Concept Landscape Plan	The Bathla Group	21 August 2017
LP-DA 02, Revision C	Landscape Specification	The Bathla Group	21 August 2017
LP-DA 03, Revision C	Landscape Details	The Bathla Group	21 August 2017
755336M_06	BASIX Certificate	Ecoinnovate	26 August 2017
20161078.2/2408A/R0/GW	Driveway Noise Impact	Acoustic Logic	24 August 2017
-	SEPP 65 Design Verification Statement	Chee Lim	21 August 2017

3. 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 Growth Centres) 2006, a copy of which is behind Annexure “B”, is upheld.

4. 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.

5. Development Application No. JRPP-16-03333 for the construction of three residential flat buildings containing 177 units, basement car parking and including stormwater and landscaping works on approved Lot 16H in the subdivision of Lot 16 in deposited plan 31797, be approved subject to the conditions which are behind Annexure “C”.

……………………….

Commissioner Dickson

​Annexure A (16.0 MB, pdf)

Annexure B (996 KB, pdf)

Annexure C (495 KB, pdf)