Universal Property Group Pty Ltd v Blacktown City Council

[2017] NSWLEC 1168

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

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. 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

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. The Clause 4.6 written variation dated 2 February 2017 for a variation to the height development standard is upheld.

5. 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)