Universal Property Group Pty Ltd v Blacktown City Council

[2017] NSWLEC 1336

Land and Environment Court

New South Wales

Medium Neutral Citation:	Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1336
Hearing dates:	Conciliation conference on 28 June 2017
Date of orders:	28 June 2017
Decision date:	28 June 2017
Jurisdiction:	Class 1
Before:	Speers AC
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 D Leother, Bartier Perry (Respondent)
File Number(s):	2017/51045
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 rely upon the amended plans listed in condition 2.1.1 and condition 4.1.3 of Annexure A.

Note: No order for costs under s.97B of Environmental Planning and Assessment Act 1979 is made on account that the plan amendments are minor.

3. Development consent is granted to Development Application No. 16-05229, subject to the conditions at Annexure A, for consolidation of Lots 3 and 4 Section Q DP 712 (Nos. 102-106 Cranbourne Street, Riverstone) and subdivision into 4 Lots consisting of 3 Torrens Title Lots and Lot 4 being the proposed public roads, construction of roads, stormwater drainage works and tree removal.

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Acting Commissioner Speers

51045.17 Speers (C) (314 KB, pdf)