Universal Property Group Pty Ltd v Blacktown City Council

[2017] NSWLEC 1375

Land and Environment Court

New South Wales

Medium Neutral Citation:	Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1375
Hearing dates:	Conciliation conference on 19 June & 7 July 2017
Date of orders:	18 July 2017
Decision date:	18 July 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 Lawyers (Applicant) Ms J Corrandini-Bird, Marsdens Law Group (Respondent)
File Number(s):	2017/51114
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. Leave is granted to substitute the following plans for the plans and documents that are the subject of Development Application No. JRPP-16-03340:

Drawing No.	Name		Revision	Drawn By	Date
A0001	Compliance Table		D	The Bathla Group	June 2017
A0005	Site Plan		C	The Bathla Group	June 2017
A0006	Plan – Basement 3 and Basement 2		B	The Bathla Group	June 2017
A0007	Plan – Basement 1 and Ground		D	The Bathla Group	June 2017
A0008	Plan – Level 1 and Level 2		C	The Bathla Group	June 2017
A0009	Plan – Level 3 and Levels 4-9		B	The Bathla Group	June 2017
A0010	Plan – Levels 10-15 and Level 16		B	The Bathla Group	June 2017
A0011	Plan – Level 17 and Roof Terrace		D	The Bathla Group	June 2017
A0020	Sections – AA & BB		B	The Bathla Group	June 2017
A0021	Sections – Ramps		B	The Bathla Group	June 2017
A0023	Balcony Balustrade & Louvre Screen Details		A	The Bathla Group	June 2017
A0030	Elevations – Wast and North		C	The Bathla Group	June 2017
A0031	Elevations – West and South		B	The Bathla Group	June 2017
A0032	Street Elevation		B	The Bathla Group	June 2017
A0052	Area Calculation Floor Space Ratio		D	The Bathla Group	June 2017
A0054	Area Calculation communal open space		C	The Bathla Group	June 2017
A0055	Height Limit Diagram		A	The Bathla Group	June 2017
A0071	Photomontage		B	The Bathla Group	June 2017
A0072	Photomontage		A	The Bathla Group	June 2017
6841	Detail and Level Survey		B	SDG	21 June 2016
C-00-001	Cover Sheet and Drawing List		03	Arcadis	9 June 2017
C-00-002	General Notes		03	Arcadis	9 June 2017
C-00-101	Erosion and Sediment Control Plan		03	Arcadis	9 June 2017
C-00-201	Civil Works and Stormwater Plan		04	Arcadis	9 June 2017
C-00-251	Civil and Stormwater Works Details Sheet 1		03	Arcadis	9 June 2017
C-00-252	Civil and Stormwater Works Details Sheet 2		03	Arcadis	9 June 2017
Document No.		Document Name	Revision	Prepared By	Dated
760023M_03		BASIX Certificate	14 July 2017
Clause 4.6 Variation Request	Boston Blyth Fleming Town Planners	22 June 2017
610.16743-R02		Qualitative Wind Assessment	0	SLR	18 May 2017

2. In accordance with section 97B of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent’s costs thrown away as agreed or assessed.

3. The appeal is upheld.

4. The Applicant’s written requested pursuant to clause 4.6 of Blacktown Local Environmental Plan 2015 is upheld.

5. Development application No. JRPP-16-03340 for the construction of an 18 storey mixed use development, containing 9 retail/commercial units on the ground and first floors, 133 residential apartments (58 x 1 bedroom, 58 x 2 bedroom and 17 x 3 bedroom) above 3 basement levels containing 136 car parking spaces and associated landscaping and stormwater drainage works on Lot 734 DP 1031601 known as 12 Second Avenue, Blacktown is approved subject to the conditions contained in Annexure “A”.

……………………….

Senior Commissioner Martin

51114.17 Martin (C) (487 KB, pdf)

51114.17 Martin - Plans - Part 1 - 12 Second Avenue Blacktown - Plans (4.95 MB, pdf)

51114.17 Martin - Plans - Part 2 - 12 Second Avenue Blacktown - Plans (4.96 MB, pdf)

51114.17 Martin - Plans - Part 3 - 12 Second Avenue Blacktown - Plans (3.34 MB, pdf)

Decision last updated: 18 July 2017