Universal Property Group Pty Ltd v Blacktown City Council

[2017] NSWLEC 1351

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1351
Hearing dates:	Conciliation conference on 16 June 2017 and 3 July 2017
Date of orders:	03 July 2017
Decision date:	03 July 2017
Jurisdiction:	Class 1
Before:	Gray 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:	Counsel: Ms J Reid (Applicant) Solicitor: Ms E Fleming, SWAAB Attorneys (Applicant) Mr D Loether, Bartier Perry (Respondent)
File Number(s):	2017/51021
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 Applicant is granted leave to rely upon the amended engineering plans listed in condition 4.11.1 of Annexure A.

2. The appeal is upheld.

3. Development consent is granted to Development Application No. 16-04804, subject to the conditions at Annexure A, for the consolidation and subdivision of Lot 1B DP 361935, Lot 3 DP 579020 and Lot 2A DP 354435 (No. 133 and 137 Kensington Park Road, Riverstone and No. 84 Cranbourne Street, Riverstone) into 4 lots (proposed Lots 1-4), creation of a lot for public roads (proposed Lot 5), construction of roads, stormwater drainage works and tree removal.

……………………….

Commissioner Gray

51021.17 Gray (C) (408 KB, pdf)

Amendments

04 July 2017 - Formatting amendment to the Orders