Universal Property Group Pty Ltd v Blacktown City Council

[2017] NSWLEC 1460

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1460
Hearing dates:	Conciliation conference on 7, 28 July & 11 August 2017
Date of orders:	25 August 2017
Decision date:	25 August 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, Swaab Attorneys (Applicant) Mr C Drury, Sparke Helmore (Respondent)
File Number(s):	2017/63177
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 to include tree removal and to rely upon the following amended material as attached at Annexure "A":

Drawing No. and Issue	Drawing Title	Prepared by	Date of Plan
DA 00	Cover Sheet	Ryleton Pty Ltd trading as Architex	Undated
DA 01, Issue J	Site Analysis	Ryleton Pty Ltd trading as Architex	17 July 2017
DA 02, Issue L	Basement Level 2	Ryleton Pty Ltd trading as Architex	2 July 2017
DA 03, Issue L	Basement Level 1	Ryleton Pty Ltd trading as Architex	2 July 2017
DA 04, Issue L	Ground Floor Level	Ryleton Pty Ltd trading as Architex	2 July 2017
DA 05, Issue J	Level 1	Ryleton Pty Ltd trading as Architex	17 July 2017
DA 06, Issue J	Level 2	Ryleton Pty Ltd trading as Architex	17 July 2017
DA 07, Issue J	Level 3	Ryleton Pty Ltd trading as Architex	17 July 2017
DA08, Issue J	Roof Level	Ryleton Pty Ltd trading as Architex	17 July 2017
DA 09, Issue J	Site Elevations	Ryleton Pty Ltd trading as Architex	17 July 2017
DA 10, Issue L	Site Elevations	Ryleton Pty Ltd trading as Architex	2 July 2017
DA 11, Issue L	Site Sections	Ryleton Pty Ltd trading as Architex	2 July 2017
DA 12, Issue J	Block A – Elevations	Ryleton Pty Ltd trading as Architex	17 July 2017
DA 13, Issue J	Block B – Elevations	Ryleton Pty Ltd trading as Architex	17 July 2017
DA 14, Issue J	Block C – Elevations	Ryleton Pty Ltd trading as Architex	17 July 2017
DA 15, Issue J	Block D – Elevations	Ryleton Pty Ltd trading as Architex	17 July 2017
DA 16, Issue J	Block E – Elevations	Ryleton Pty Ltd trading as Architex	17 July 2017
DA 17, Issue J	Block F – Elevations	Ryleton Pty Ltd trading as Architex	17 July 2017
DA 18, Issue J	Cross Sections Blocks E – F	Ryleton Pty Ltd trading as Architex	17 July 2017
DA 19, Issue J	Block A – Typical Level	Ryleton Pty Ltd trading as Architex	17 July 2017
DA 20, Issue J	Block B – Typical Level	Ryleton Pty Ltd trading as Architex	17 July 2017
DA 21, Issue J	Block C – Typical Level	Ryleton Pty Ltd trading as Architex	17 July 2017
DA 22, Issue J	Block D – Typical Level	Ryleton Pty Ltd trading as Architex	17 July 2017
DA 23, Issue J	Block E – Typical Level	Ryleton Pty Ltd trading as Architex	17 July 2017
DA 24, Issue J	Bock F – Typical Level	Ryleton Pty Ltd trading as Architex	17 July 2017
DA 25, Issue J	Shadows 9 AM	Ryleton Pty Ltd trading as Architex	17 July 2017
DA 26, Issue J	Shadows 12 Noon	Ryleton Pty Ltd trading as Architex	17 July 2017
DA 27, Issue J	Shadows 3 PM	Ryleton Pty Ltd trading as Architex	17 July 2017
DA 28, Issue L	Garbage + Mail details	Ryleton Pty Ltd trading as Architex	2 July 2017
DA 29, Issue L	Deep Soil Calculation	Ryleton Pty Ltd trading as Architex	2 July 2017
DA 30, Issue L	Landscaping Calculation	Ryleton Pty Ltd trading as Architex	2 July 2017
DA 31, Issue L	Communal Space Calculation	Ryleton Pty Ltd trading as Architex	2 July 2017
DA 32, Issue J	Site Coverage Calculation	Ryleton Pty Ltd trading as Architex	17 July 2017
DA 33, Issue L	FSR Calculation	Ryleton Pty Ltd trading as Architex	2 July 2017
DA 34, Issue L	FSR Calculation	Ryleton Pty Ltd trading as Architex	2 July 2017
DA 35, Issue J	Cut & Fill Plan	Ryleton Pty Ltd trading as Architex	17 July 2017
DA 36, Issue J	Café Detail Plan	Ryleton Pty Ltd trading as Architex	17 July 2017
DA 37, Issue K	C.O.S Shadow Diagrams	Ryleton Pty Ltd trading as Architex	27 July 2017
DA 38, Issue L	Height Plane	Ryleton Pty Ltd trading as Architex	2 July 2017
1254.L.00, Issue C	Landscape Overall Plan	Greenland Design Pty Ltd	August 2017
1254.L.01, Issue C	Landscape Plan – Block A	Greenland Design Pty Ltd	August 2017
12554.L.02, Issue C	Landscape Plan – Block B	Greenland Design Pty Ltd	August 2017
1254.L.03, Issue C	Landscape Plan – Block C	Greenland Design Pty Ltd	August 2017
1254.L.04, Issue C	Landscape Plan – Block D	Greenland Design Pty Ltd	August 2017
1254.L.05, Issue C	Landscape Plan – Block E	Greenland Design Pty Ltd	August 2017
1254.L.06, Issue C	Landscape Plan – Block F	Greenland Design Pty Ltd	August 2017
1254.L.07, Issue C	Landscape Details & Specification	Greenland Design Pty Ltd	August 2017

3. The Applicant's cl.4.6 written request to vary the height limit 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. Deferred commencement consent is granted to DA No. JRPP 16-3325 for the proposed subdivision of Lot 210 in DP 208203 into two lots, the staged construction of six residential flat buildings resulting in 310 apartments, including basement car parking, roadworks, storm water detention, tree removal and landscaping works on land known as 25 Terry Road, Rouse Hill, subject to the conditions in Annexure 'B'.

……………………….

Senior Commissioner Martin

63177.17 Martin - Annexure A - Architectural plans - 25 Terry Road (19.5 MB, pdf)

63177.17 Martin (C) Annexure B (618 KB, pdf)

Amendments

03 April 2018 - Pursuant to UCPR 36.17, the slip rule, amend orders of 25 August 2017 so that attached Conditions - Annexure B - refer to the correct lot number on the front page.