Universal Property Group Pty Ltd v Blacktown City Council

[2017] NSWLEC 1272

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1272
Hearing dates:	Conciliation conference on 29 May 2017
Date of orders:	31 May 2017
Decision date:	31 May 2017
Jurisdiction:	Class 1
Before:	Morris 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)   Solicitors: Ms R Fleming Swaab Attorneys (Applicant) Mr D Loether Bartier Perry (Respondent)
File Number(s):	202071/2016
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, 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 further amend Development Application No. JRPP-16-03309 (previously amended by the Court on 7 March 2017) and to rely upon the following amended plans and documents:

Drawing No.	Drawing Name	Prepared by	Date
DA LOT 1-05, Rev 5	Ground Plan	The Bathla Group	25 November 2016
DA LOT 2A-23, Rev 7	Ground Plan & Plan Lvl 1	The Bathla Group	5 May 2017
DA LOT 2A-26, Rev 6	Elevations	The Bathla Group	5 May 2017
DA LOT 2A-27, Rev 5	Elevations	The Bathla Group	5 May 2017
DA LOT 2B-38	Ground Plan	The Bathla Group	10 May 2017
PS01-A000, Rev B	Cover Sheet	Martens & Associates Pty Ltd	18 May 2017
PS01-A050, Rev A	Development Overview Plan	Martens & Associates Pty Ltd	18 May 2017
PS01-A100, Rev A	Survey Plan	Martens & Associates Pty Ltd	18 May 2017
PS01-B300, Rev A	Sediment and Erosion Control Plan	Martens & Associates Pty Ltd	18 May 2017
PS01-B310, Rev A	Sediment and Erosion Control Details	Martens & Associates Pty Ltd	18 May 2017
PS01-B320, Rev A	Demolition Plan	Martens & Associates Pty Ltd	18 May 2017
PS01-C500, Rev A	Earthworks Analysis Plan	Martens & Associates Pty Ltd	18 May 2017
PS01-C600, Rev A	Earthworks Site Section	Martens & Associates Pty Ltd	18 May 2017
PS01-D100, Rev A	Roadworks Feature Plan	Martens & Associates Pty Ltd	18 May 2017
PS01-D200, Rev A	Road Longitudinal Sections Sheet 1 of 2	Martens & Associates Pty Ltd	18 May 2017
PS01-D205, Rev A	Road Longitudinal Sections Sheet 2 of 2	Martens & Associates Pty Ltd	18 May 2017
PS01-D300, Rev A	Road Intersection Sheet 1 of 2	Martens & Associates Pty Ltd	18 May 2017
PS01-D305, Rev A	Road Intersection Sheet 2 of 2	Martens & Associates Pty Ltd	18 May 2017
PS01-D500, Rev A	Road 1 Cross Sections Sheet 1 of 5	Martens & Associates Pty Ltd	18 May 2017
PS01-D505, Rev A	Road 2 Cross Sections Sheet 2 of 5	Martens & Associates Pty Ltd	18 May 2017
PS01-D510, Rev A	Road 3 Cross Sections Sheet 3 of 5	Martens & Associates Pty Ltd	18 May 2017
PS01-D515, Rev A	Road 4 Cross Sections Sheet 4 of 5	Martens & Associates Pty Ltd	18 May 2017
PS01-D520, Rev A	Typical Road Cross Sections Sheet 5 of 5	Martens & Associates Pty Ltd	18 May 2017
PS01-E100, Rev B	Drainage Layout Plan	Martens & Associates Pty Ltd	18 May 2017
PS01-E200, Rev B	OSD Tank 1B Plan & Details	Martens & Associates Pty Ltd	18 May 2017
PS01-E202, Rev B	OSD Tank1B Details	Martens & Associates Pty Ltd	18 May 2017
PS01-E204, Rev B	Water Quality Tank Details	Martens & Associates Pty Ltd	18 May 2017
PS01-E206, Rev B	OSD Tank 4 Plan & Details	Martens & Associates Pty Ltd	18 May 2017
PS01-E208, Rev B	OSD Tank 2B Plan & Details	Martens & Associates Pty Ltd	18 May 2017
PS01-E210, Rev B	OSD Tank 2B Details	Martens & Associates Pty Ltd	18 May 2017
PS01-E300, Rev B	Drainage Longitudinal Sections – Minor (5Yr ARI) (Sheet 01)	Martens & Associates Pty Ltd	18 May 2017
PS01-E305, Rev B	Drainage Longitudinal Sections – Minor (5Yr ARI) (Sheet 02)	Martens & Associates Pty Ltd	18 May 2017
PS01-E310, Rev B	Drainage Longitudinal Sections – Minor (5Yr ARI) (Sheet 03)	Martens & Associates Pty Ltd	18 May 2017
PS01-E400, Rev B	Drainage Catchment Plan	Martens & Associates Pty Ltd	18 May 2017
PS01-E500, Rev A	Drainage Hydraulic Results	Martens & Associates Pty Ltd	3 May 2017
PS01-E510, Rev A	Drainage Hydraulic Results	Martens & Associates Pty Ltd	3 May 2017
PS01-E600, Rev A	OSD Catchment Plan	Martens & Associates Pty Ltd	3 May 2017
PS01-E610, Rev B	OSD Catchment Model & Results	Martens & Associates Pty Ltd	18 May 2017
PS01-E700, Rev A	Water Quality Catchment Plan, Model & Results	Martens & Associates Pty Ltd	18 May 2017
PS01-G200, Rev A	Retaining Wall Details	Martens & Associates Pty Ltd	18 May 2017
PS01-G210, Rev A	Retaining Wall Longitudinal Sections	Martens & Associates Pty Ltd	18 May 2017
PS01-G410, Rev A	Pavement Details	Martens & Associates Pty Ltd	18 May 2017
PS01-G400, Rev A	Pavement Plan	Martens & Associates Pty Ltd	18 May 2017
PS01-ZZ00, Rev A	General Notes (Sheet 1)	Martens & Associates Pty Ltd	3 May 2017
PS01-ZZ01, Rev A	General Notes (Sheet 2)	Martens & Associates Pty Ltd	3 May 2017
PS01-ZZ02, Rev A	General Notes (Sheet 3)	Martens & Associates Pty Ltd	3 May 2017
PS01-ZZ03, Rev A	General Notes (Sheet 4)	Martens & Associates Pty Ltd	3 May 2017

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

4. The Clause 4.6 Exception, dated October 2016 for a variation to the maximum height of buildings development standard, is upheld.

5. Development Application No. JRPP-16-03309 (as amended) for the consolidation of 3 allotments (Lots 4, 3 and 2 in Deposited Plan 1206952) and the development of the super lot comprising 64 residential flat building units on Lot 1, 62 residential flat building units on Lot 2A, 114 residential flat building units on Lot 2B, 5 Torrens title lots on Lot 3 and 9 Torrens title lots on Lot 4, with construction of associated private and public roads, stormwater drainage and tree removal on land known as 143, 149 and 155 South Street, Marsden Park, be approved subject to the conditions at Annexure A.

…………….

Commissioner Morris

Annexure A (C - Slip Rule)

Amendments

16 July 2018 - Pursuant to UCPR 36.17, the slip rule, amend the judgment made on 31 May 2017 by substituting the attached amended conditions in lieu of those attached to the orders made on 31 May 2018.