Universal Property Group Pty Ltd v Blacktown City Council

[2017] NSWLEC 1296

Land and Environment Court

New South Wales

Medium Neutral Citation:	Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1296
Hearing dates:	Conciliation Conference on 9 June 2017
Date of orders:	09 June 2017
Decision date:	09 June 2017
Jurisdiction:	Class 1
Before:	Chilcott 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:	Ms E Fleming (Solicitor) (Applicant) Mr T O’Connor (Solicitor) (Respondent)
Representation:	Universal property Group Pty Ltd (Applicant) Blacktown City Council (Respondent)
File Number(s):	2016/316945
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. 16-04408 and to rely upon the following amended plans listed in condition 3.1.1 and condition 6.1.3 of Annexure A.

3. The Applicant is to pay the Respondent's costs under s.97B of Environmental Planning and Assessment Act 1979, as agreed or assessed.

4. Deferred commencement approval is granted to Development Application No. 16-04408 for the subdivision of lots 21, 22 and 24 created pursuant to the proposed subdivision development consent No. 16-03182 into 86 Torrens Title Lots, four (4) residue lots (proposed lots 91-94), and four (4) lots zoned SP2 (proposed lots 87-88), RE1 (proposed lot 89) and R3 (proposed lot 90) with associated works including construction of public roads, stormwater drainage, dewatering of dams, removal of all trees, street tree planting and temporary on site detention basin (if required) on Lot 8 DP 235714, Part Lot 22 DP 1206541 and Lot 50 DP 1196583, subject to the conditions at Annexure A.

…………….

M Chilcott

Commissioner of the Court

316945.16(C) (664 KB, pdf)