Universal Property Group Pty Ltd v Blacktown City Council

[2016] NSWLEC 1591

Land and Environment Court

New South Wales

Medium Neutral Citation:	Universal Property Group Pty Ltd v Blacktown City Council [2016] NSWLEC 1591
Hearing dates:	Conciliation conference on 6, 15, 29 September, 10 November 2016
Date of orders:	09 December 2016
Decision date:	09 December 2016
Jurisdiction:	Class 1
Before:	Smithson C
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Universal Property Group Pty Ltd (Applicant) Blacktown City Council (Respondent)
Representation:	Counsel: M. Staunton (Applicant) - (Respondent) Solicitors: E. Fleming, E J Fleming Legal (Applicant) K. Gerathy, HWL Ebsworth Lawyers (Respondent)
File Number(s):	2016/00152992
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 Applicant is granted leave to amend its application to rely on the following plans and documents:

Title	Drawing No.	Prepared by	Date
Site Information	DA01 Rev 5	The Bathla Group	22-10-2016
Site Plan	DA02 Rev 5	The Bathla Group	22-10-2016
Ground Floor Plan Lot 1 Part 1	DA03 Rev 5	The Bathla Group	22-10-2016
First Floor Plan Lot 1 Part 1	DA04 Rev 5	The Bathla Group	22-10-2016
Floor Plan Lot 1 Part 1 & 2	DA05 Rev 5	The Bathla Group	22-10-2016
Floor Plans, Elevations & Sections Lot 2	DA06 Rev 5	The Bathla Group	22-10-2016
Elevations & Sections Lot 1	DA07 Rev 5	The Bathla Group	22-10-2016
Shadow Diagram	DA08 Rev 5	The Bathla Group	22-10-2016
Shadow Matrix	DA09 Rev 5	The Bathla Group	22-10-2016
Schedule of Colours and External Finishes – Main Body, Roof and General Site	Issue B	The Bathla Group	21 October 2016
Schedule of Colours and External Finishes – Western Streetscape	Issue B	The Bathla Group	21 October 2016
Schedule of Colours and External Finishes – Eastern Streetscape	Issue B	The Bathla Group	21 October 2016
Schedule of Colours and External Finishes – Southern Streetscape	Issue B	The Bathla Group	21 October 2016
Concept Landscape Plan	LP 01/02 R03	Universal Property Group Pty Ltd	21/10/2016
Concept Landscape Plan	LP 02/02 R03	Universal Property Group Pty Ltd	21/10/2016
Street Tree Planting Plan	LP 1/01 R02	Universal Property Group Pty Ltd	8/11/2016
Cover Sheet and drawing index	0145_100	C&M Consulting Engineers
General Notes and Legend	01458_110 Revision 02	C&M Consulting Engineers	18/12/15
Sheet Layout Plan	01458_120 Revision 03	C&M Consulting Engineers	27/10/16
General Arrangement Plan Sheet 1	01458_201 Revision 06	C&M Consulting Engineers	11/11/16
General Arrangement Plan Sheet 2	01458_202 Revision 06	C&M Consulting Engineers	11/11/16
General Arrangement Plan Sheet 3	01458_203 Revision 02	C&M Consulting Engineers	11/11/16
Earthworks Plan	01458_231 Revision 02	C&M Consulting Engineers	11/03/16
Longitudinal Sections – Sheet 1	01458_301 Revision 6	C&M Consulting Engineers	11/11/16
Longitudinal Sections – Sheet 2	01458_302 Revision 4	C&M Consulting Engineers	27/10/16
Longitudinal Sections – Sheet 3	01458_303 Revision 4	C&M Consulting Engineers	27/10/16
Catchment Plan	01458-601 Revision 4	C&M Consulting Engineers	11/11/16
Typical Sections	01458_401 Revision 2	C&M Consulting Engineers	18/12/15
Pit Schedule	01458_611 Revision 5	C&M Consulting Engineers	27/10/16
Temporary on-site detention basin outlet plan and details	01458_621 Revision 5	C&M Consulting Engineers	11/11/16
Temporary on-site detention basin outlet plan and details	01458_622 Revision 2	C&M Consulting Engineers	11/11/16
Erosion and Sediment Control	01458_701 Revision 02	C&M Consulting Engineers	18/12/15
BASIX Certificate number: 683235M_03

2. The applicant is to pay Council's costs pursuant to section 97B of the Environmental Planning and Assessment Act 1979 in the amount of $10,500.00 within 28 days.

3. The Appeal is upheld.

4. Approval is granted to Development Application No. 15-2575 (DA) for the staged development for the removal of trees and Torrens Title subdivision to create 2 residue lots and 1 public road lot (Stage 1) and construction of a multi-dwelling housing development for the construction of 101 x 2-storey dwellings over Lot 1 and 20 x 2 storey dwellings over Lot 2, associated car parking, site works, landscaping and stormwater drainage works (Stage 2) on Lot 2 DP 1207670 & Lot 1 DP 1207669 known as No. 128-132 Railway Terrace, Riverstone, subject to the conditions at Annexure "A".

…………….

Jenny Smithson

Commissioner

152992.16 - Annexure A - Conditions of Consent (257 KB, pdf)

152992.16 - Plans (18.8 MB, pdf)