Universal Property Group Pty Ltd v Blacktown City Council
[2017] NSWLEC 1168
•31 March 2017
Land and Environment Court
New South Wales
Medium Neutral Citation: Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1168 Hearing dates: Conciliation conference on 20 December 2016, 3 February and 3 March 2017 Date of orders: 31 March 2017 Decision date: 31 March 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: Solicitor:
Ms E, Fleming, Herbert Geer (Applicant)
Mr D, Creais, Bartier Perry (Respondent)
File Number(s): 2016/274920 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 to amend development application No. JRPP 16-03317 and to rely upon the following amended plans and further documents:
Issue F
Cover Page
12.01.17
DA00, Issue F
Site Analysis
12.01.17
DA01, Issue I
Site and Staging Plan
17.02.17
DA02, Issue J
Basement level 2
22.02.17
DA 03, Issue J
Basement Level 1
22.02.17
DA04, Issue I
Ground Floor Level
17.02.17
DA05, Issue I
Level 1
17.02.17
DA06, Issue I
Level 2
17.02.17
DA07, Issue I
Level 3
17.02.17
DA08, Issue I
Roof Level
17.02.17
DA09, Issue I
Site Elevations
17.02.17
DA10, Issue I
Site Elevations
17.02.17
DA11, Issue I
Site Elevations
17.02.17
DA12, Issue F
Site Sections
12.01.17
DA13, Issue F
Site Details
12.01.17
DA14, Issue D
Typical Unit Layouts (Block A)
28.06.16
DA15, Issue F
Typical Unit Layouts (Blocks B+C+D+E)
12.01.17
DA16, Issue F
Typical Unit Layouts (Block F)
12.01.17
DA17, Issue F
Typical Units Layouts (Block G)
12.01.17
DA18 to DA20, Issue F
Shadow Diagrams 21st June
12.01.17
DA21, Issue F
Waste Management Plan
12.01.17
DA22 to DA23, Issue F
Mass Model Images
12.01.17
DA24, Issue F
Schedule of Finishes
12.01.17
DA25, Issue F
Deep Soil Calculation
12.01.17
DA26, Issue F
Landscaping Calculation
12.01.17
DA27, Issue F
Communal space calculation
12.01.17
DA28 to DA31, Issue F
Shadow Diagrams 21st June
12.01.17
DA32 to DA38, Issue F
Solar Access Diagrams -
12.01.17
LP01, R02
Cover Sheet
27.01.17
LP02, R02
Concept Landscape Plan
27.01.17
LP03, R02
Landscape Details
27.01.17
01588_DA_100
Cover Sheet
15.04.16
01588_DA_110, R01
General Notes
20.02.17
01588_DA_201, R04
General Arrangement Plan
20.02.17
01588_DA_210
R03
General Arrangement – Basement Level 2
20.01.17
01588_DA_211, R03
General Arrangement – Basement Level 1
20.01.17
01588_DA_212, R01
General Arrangement – Ground Floor Plan
20.01.17
01588_DA_231, R02
External Works Bulk Earthworks Plan
13.12.16
01588_DA_232, R01
Internal Works Bulk Earthworks Plan
14.04.16
01588_DA_301, R02
Longitudinal Sections – Grange Ave & Road No.1
13.12.16
01588_DA_302, R02
Longitudinal Sections – Grange Ave & Road No.2 and 3
13.12.16
01588_DA_401, R03
Typical Sections – Sheet 1
20.02.17
01588_DA_601, R01
Catchment Plan
14.04.16
01588_602, R01
External Catchment Plan
12.12.16
015588_DA_621, R01
On-Site Detention Tank 1 Plan, Sections & Details
14.04.16
01588_DA_622, R02
Bio Detention Basin 1 Plan, Sections & Details
20.01.17
01588_DA_623,
R02
Bio Detention Basin 2 Plan, Sections & Details
20.01.17
01588_DA_624, R02
Bio Detention Basin 3 Plan, Sections & Details
20.01.17
01588_DA_625, R01
OSD & Bio Detention Details
14.04.16
01588_DA_651, R01
Stormwater Outlet Details
13.12.16
01588_DA_701, R02
Sediment & Erosion Managements Plan
13.12.16
01588_DA_702, R01
Sediment & Erosion Management Details
14.04.16
Waste Management Report, Issue 02, March 2017
SEPP 65 Design Verification Statement dated 6 March 2017
Request under cl.4.6 of Appendix 12 within the Growth Centres State Environmental Planning Policy (Sydney Region Growth Centres) 2006 dated 2 February 2017
Detailed Contamination Site Investigation Report, 16 December 2016
The Applicant is to pay the Respondent's costs under s.97B of Environmental Planning and Assessment Act 1979, as agreed or assessed.
The Clause 4.6 written variation dated 2 February 2017 for a variation to the height development standard is upheld.
Deferred commencement approval is granted to Development Application No. JRPP 16-03317 for the consolidation of two (2) allotments (Lot 14 and Lot 15 in DP802880) and the construction of seven (7) residential flat buildings consisting of 257 units with basement car parking, construction of public roads, storm water drainage, tree removal and landscaping works on land known as 206 to 208 Grange Avenue, Marsden Park, subject to the conditions at Annexure A.
……………………….
Commissioner Morris
274920.16 Morris - (C) (325 KB, pdf)
274920.16 Morris - Plans (18.4 MB, pdf)
Decision last updated: 31 March 2017
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