Universal Property Group Pty Ltd v Blacktown City Council

[2016] NSWLEC 1569

Land and Environment Court

New South Wales

Medium Neutral Citation:	Universal Property Group Pty Ltd v Blacktown City Council [2016] NSWLEC 1569
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, create 6 super lots, road dedication, drainage, orderly development, 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):	2016/158840
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-15-02074 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. Development Application No. 15-02074 involving for the following works is approved on Lot 57 DP 28833 (known as 68 Hambledon Road, Schofields), Lot 58 DP 28833 (known as 66 Hambledon Road, Schofields) and Lot 2364 DP 1184683 (known as Mountain Street, The Ponds) is approved, subject to the conditions at Annexure A:

Stage 1:

1. Consolidate Lot 57 and Lot 58 in DP 28833 and Lot 2364 in DP 1184683 into 1 lot,

2. Subdivision of the consolidated lot into 6 Torrens Title superlots, 2 residue lots (Lots 110 and 111) and a lot for new public roads, construction of new public roads, stormwater drainage works and the removal of the dam and trees,

3. Dedication of the new public roads to Council prior to the issue of Subdivision Certificate.

Stage 2:

1. Subdivision of 6 Torrens Title superlots into 103 Torrens Title lots and 6 residue lots.

…………….

Acting Commissioner Hussey

158840.16 Hussey (C) (385 KB, pdf)

158840.16 Hussey - Plans (2.55 MB, pdf)