Universal Property Group Pty Ltd v Blacktown City Council

[2016] NSWLEC 1570

Land and Environment Court

New South Wales

Medium Neutral Citation:	Universal Property Group Pty Ltd v Blacktown City Council [2016] NSWLEC 1570
Hearing dates:	Conciliation conference on 29 August, 2, 9, 25 November 2016
Date of orders:	25 November 2016
Decision date:	25 November 2016
Jurisdiction:	Class 1
Before:	Hussey C
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION: subdivision, road dedication, drainage, tree planting, conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	UNIVERSAL PROPERTY GROUP PTY LTD (ACN 078 297 748) (Applicant) BLACKTOWN CITY COUNCIL (Respondent)
Representation:	Ms E Fleming, E J Fleming Legal (Applicant) Mr J Merlino, HWL Ebsworth Lawyers (Respondent)
File Number(s):	2016/158917
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 development application DA-15-02253 to rely upon the amended plans referred to in condition 2.1.1 and condition 5.1.3 of Annexure A.

2. The applicant shall pay the respondent's costs thrown away pursuant to section 97B of the Environmental Planning and Assessment Act 1979 as agreed or assessed.

3. The appeal is upheld.

4. Deferred commencement approval for the following works on Lots 4 & 5 DP 1016066 (known as 60 & 62 Hambledon Road, Schofields), Lot 56 DP 28833 (known as 70 Hambledon Road, Schofields), Lot 57 DP 28833 (known as 68 Hambledon Road Schofields) Lot 58 DP 28833 (know as 66 Hambledon Road Schofields) Lot 59 DP 28833 (known as 64 Hambledon Road Schofields) is approved subject to the conditions at Annexure A:

Stage 1:

1. Consolidate 6 lots into 1,

2. Subdivision of the consolidated lot into 10 Torrens title superlots and 4 residue lots, construction of new public roads, stormwater drainage works and the removal of the dam and trees,

3. Dedication of the new public roads and land for road widening to Council prior to the issue of a Subdivision Certificate.

Stage 2: Subdivision of 10 superlots into 159 Torrens title lots

…………….

Acting Commissioner Hussey

158917.16 Hussey (C) (389 KB, pdf)

158917.16 Hussey - Plans (2.63 MB, pdf)