Universal Property Group Pty Ltd v Blacktown City Council
[2017] NSWLEC 1233
•08 May 2017
Land and Environment Court
New South Wales
Medium Neutral Citation: Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1233 Hearing dates: Conciliation Conference 8 May 2017 Date of orders: 08 May 2017 Decision date: 08 May 2017 Jurisdiction: Class 1 Before: Smithson 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:
Mr P Clay (Applicant)
Solicitors:
E Fleming, SWAAB Attorneys (Applicant)
T O'Connor, Houston Dearn O'Connor (Respondent)
File Number(s): 2016/204258 Publication restriction: No
Judgment
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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”.
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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.
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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.
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The final orders to give effect to the parties’ agreement under s34(3) of the Land and Environment Court Act 1979 are:
The appeal is upheld.
The Applicant is granted leave rely upon the following amended plans:
Drawing Title
Drawing Number
Prepared by
Date
Subdivision Plan
02/02 Issue 9
The Bathla Group
03.05.17
Earthworks sections Sheet 2 of 2
248906-0001-DRG-CC-0006 Issue C
Aurecon
11.04.17
General Arrangement Plan Sheet 1 of 5, sheet 2 of 5, Sheet 3 of 5 and sheet 4 of 5
248906-0001-DRG-CC-0040 to 0043 Issue C
Aurecon
11.04.17
Roadworks, Road 1 cross Sections sheet 4 of 6, sheet 5 of 6
248906-0001-DRG-CC-0063 and 0064 Issue C
Aurecon
13.04.17
Roadworks, Road 2 cross Sections sheet 7 of 12, sheet 8 of 12, sheet 9 of 12
248906-0001-DRG-CC-0072 to 248906-0001-DRG-CC-0074 Issue C
Aurecon
11.4.17
Roadworks Intersection Details Sheet 1 of 25
248906-0001-DRG-CC-0090 Issue C
Aurecon
13.4.17
Roadworks Intersection Details sheet 10 of 25
248906-0001-DRG-CC-0099 Issue C
Aurecon
13.4.17
Roadworks Intersection Details Sheet 12 of 25
248906-0001-DRG-CC-0101 Issue C
Aurecon
13.4.17
Roadworks Intersection Details Sheet 14 of 25
248906-0001-DRG-CC-0103 Issue C
Aurecon
13.4.17
Roadworks Intersection Details Sheet 17 of 25
248906-0001-DRG-CC-0106 Issue C
Aurecon
13.04.17
Note: the changes to the amended plans above are considered to be minor for the proposes of s.97B of Environmental Planning and Assessment Act 1979.
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Deferred commencement approval is granted to Development Application No. 16-03182 for the consolidation of 14 allotments (Lot 1 DP 1200165, Lot 8 DP 235714, Lots 50, 51, 52, 53 & 54 DP 1196583, Lots 11 & 12 Sec M DP 193074, Lot 59 & 60 DP 1196729, Lot 10 DP 70287, Lot 20 DP 1196583 and Lot 21 DP 1191512) and subdivision of the consolidated lots to create 20 super lots, 3 SP2 Drainage zoned lots, 3 RE1 Public Recreation zoned lots and 2 residue lots (lots 28 and 27), street tree planting, construction of new roads and stormwater drainage system, de-watering of dams and associated tree removal, subject to the condition at Annexure A.
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Jenny Smithson
Commissioner of the Court
204258.16 Annexure A (C) (249 KB, pdf)
204258.16 Plans (646 KB, pdf)
Decision last updated: 08 May 2017
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