Universal Property Group Pty Ltd v Blacktown City Council

[2017] NSWLEC 1284

Land and Environment Court

New South Wales

Medium Neutral Citation:	Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1284
Hearing dates:	Conciliation conference on 2 June 2017
Date of orders:	05 June 2017
Decision date:	05 June 2017
Jurisdiction:	Class 1
Before:	Brown C
Decision:	See (5) below
Catchwords:	DEVELOPMENT APPLICATION: subdivision of land and ancillary works; conciliation conference; agreement between the parties; orders
Legislation Cited:	Environmental Planning and Assessment Act 1979 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 M Bonanno, Lindsay Taylor Lawyers (Respondent)
File Number(s):	2016/278295
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal against the refusal of Development Application No. JRPP-16-03321 for the subdivision of Lot 5 in DP 262886 into 8 lots (including 6 Residential Lots, 1 RE1 zoned Lot and 1 SP2 zoned Lot) including ancillary storm water and public domain landscaping works, demolition of existing structures and tree removal within and adjoining the proposed public roads, on land known as 312 South Street, Marsden Park.

2. 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”.

3. 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.

4. 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.

5. 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. Development Application No. JRPP-16-03321 is approved for the subdivision of Lot 5 in DP 262886 into 8 lots (including 6 Residential Lots, 1 RE1 zoned Lot and 1 SP2 zoned Lot) including ancillary storm water and public domain landscaping works, demolition of existing structures and tree removal within and adjoining the proposed public roads, on land known as 312 South Street, Marsden Park, subject to the conditions at Annexure A.

Note 1:   Leave was granted to the Applicant to rely upon amended plans contained in condition 3.1.1 of Annexure A on 6 April 2017.

Note 2:   An order for costs under s.97B of the Environment Planning and Assessment Act 1979 was made by the Court on 6 April 2017.

……………………….

G Brown

Commissioner

278295.16 Brown (C) (496 KB, pdf)

278295.16 Brown - Street Tree Planting Plan (388 KB, pdf)

278295.16 Brown - Plans - SUBDIVISION (8.80 MB, pdf)

278295.16 Brown - Plans - SUBDIVISION DA (351 KB, pdf)

Decision last updated: 06 June 2017