Universal Property Group Pty Ltd v Blacktown City Council

[2016] NSWLEC 1568

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Universal Property Group Pty Ltd v Blacktown City Council [2016] NSWLEC 1568
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, stage subdivision, road layout, contamination 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):	2016/159000
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-15-02100 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 DA-15-02100 for the following works on Lot 52 DP 28833 (known as 78 Hambledon Road Schofields), Lot 53 DP 28833 (known as 76 Hambledon Road Schofields), Lot 54 DP 28833 (known as 74 Hambledon Road Schofields), Lot 5301 in DP 1197883 (known as Megalong Road The Ponds), Lot 5327 DP 1197883 (known as Hambledon Road The Ponds) is approved subject to conditions at Annexure A:

(i) Stage 1:

1. Consolidate Lot 52, Lot 53, Lot 54 in DP 28833, Lot 5301 in DP 1197883 and Lot 5327 DP 1197883 into 1 Torrens Title Lot.

2. Subdivision of the consolidated lot into 9 allotments comprising 6 Torrens title residential superlots (proposed superlots 3, 4, 5, 6, 8 and 9), a lot for road widening (proposed Lot 7), a lot for new public roads (proposed Lot 1) and a lot for Public Open Space (proposed Lot 2)), 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 a Subdivision Certificate.   

(ii) Stage 2: Subdivision of 9 Torrens title residential superlots into 129 Torrens title lots.

…………….

Acting Commissioner Hussey

159000.16 Hussey (C) (392 KB, pdf)

159000.16 Hussey - Plans (485 KB, pdf)

Amendments

30 November 2016 - Plans attached