Universal Property Group Pty Ltd v Blacktown City Council

[2017] NSWLEC 1245

Land and Environment Court

New South Wales

Medium Neutral Citation:	Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1245
Hearing dates:	Conciliation conference on 16 May 2016
Date of orders:	17 May 2017
Decision date:	17 May 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:	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):	2017/54033
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 engineering plans contained at condition 4.1.3 of Annexure A.

3. The Applicant is to pay the Respondent's costs under s.97B of Environmental Planning and Assessment Act 1979, in the sum of $1900.00.

4. Development Application No. 16-04835 is approved for the subdivision of Lot 3 in DP Section P DP 712, part of Lot 11 in DP 522165 and part Lot 12 in DP 522165 (No. 75 and 97 Cranbourne Street and 105 McCulloch Street, Riverstone) into 43 lots, 1 drainage lot, 2 residue lots, 1 lot as public road, construction of road and associated drainage works, subject to the conditions at Annexure A.

…………….…….

Michael Chilcott

Commissioner of the Court

54033.17 Chilcott (C) (394 KB, pdf)