Universal Property Group Pty Ltd v Blacktown City Council

[2017] NSWLEC 1275

Land and Environment Court

New South Wales

Medium Neutral Citation:	Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1275
Hearing dates:	Conciliation conference on 26 May 2017
Date of orders:	26 May 2017
Decision date:	26 May 2017
Jurisdiction:	Class 1
Before:	Gray C
Decision:	See (4) below
Catchwords:	APPEAL – 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 T O’Connor, Houston Dearn O’Connor (Respondent)
File Number(s):	2016/316901
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. 16-04175 by adding additional land to the development application and incorporate the design and construction of drainage works, including construction of a Regional Infrastructure Basin MM2 and associated water cycle management and to rely upon the following amended plans listed in condition 3.1.1 and condition 7.1.3 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. 16-04175, subject to the conditions at Annexure A, for the:

1. Subdivision of Lot 5 DP 235714 and Lot 173 DP 1191299 into 116 Torrens Title Lots, two superlots (Lots 117 and 118), three Residue Lots and one lot for drainage purposes (Lot 119) covering the SP2 zoned land within Lot 5 DP 235714 and Lot 173 DP 1191299 as well as associated works including earthworks, public roads, stormwater drainage, dewatering of dams, and removal of all trees, and landscaping and street tree planting; and

2. the design and construction of drainage works, including construction of a Regional Infrastructure Basin MM2 and associated water cycle management on Lot 8 DP 235714, Lot 50 DP 1196583, Lot 3 DP 1206540, Lot 4 DP 1206540, Lot 5 DP 235714 and Lot 173 DP 1191299; and

3. The construction of 40 dwellings as part of a multi-dwelling housing development on lots 117 and 118 created pursuant to the above approved subdivision. The construction of the 40 dwellings shall not commence until the development approved under subclauses (a) and (b) is completed.

……………………….

Joanne Gray

Commissioner of the Court

316901.16 Gray (C) (605 KB, pdf)

316901.16 Gray - Plans (9.39 MB, pdf)