Universal Property Group Pty Ltd v Blacktown City Council

[2016] NSWLEC 1554

Land and Environment Court

New South Wales

Medium Neutral Citation:	Universal Property Group Pty Ltd v Blacktown City Council [2016] NSWLEC 1554
Hearing dates:	Conciliation conference on 15 July, 7 September, 7 October, 2 and 9 November 2016
Date of orders:	09 November 2016
Decision date:	09 November 2016
Jurisdiction:	Class 1
Before:	Hussey AC
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION: staged subdivision for 3 lots, & construction of a 130 unit multi dwelling housing development, road widths, drainage, building elevations; 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:	Ms E Fleming, E J Fleming Legal (Applicant) Mr T O’Connor, Houston Dearn O'Connor (Respondent)
File Number(s):	2016/155584
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, 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 Integrated Development Application No. JRPP 15-2510 and to rely upon the amended plans listed in conditions 2.1.1, 2.1.2 and 8.1.3 of Annexure "A".

3. The Applicant is to pay the Respondent's reasonable costs under s.97B of Environment Planning and Assessment Act 1979, in the sum of $5500.

4. Integrated Development Application for the demolition of the existing structures, removal of all trees, amalgamation of 3 lots, subdivision to create 19 Torrens title lots comprising 1 lot for new public roads (Lot 19), 17 residential lots (Lots 1-17), 1 lot for a multi dwelling development for 79 Units and a private driveway (Lot 18), construction of 79 residential units, driveways and car parking on Lot 18, construction of new roads on Lot 19, part lot 4 and lot 7 DP 1211260, stormwater drainage and associated landscaping, is approved subject to the conditions at Annexure A.

…………….

R Hussey

Acting Commissioner

155584.16 - Annexure A - Conditions of Consent (507 KB, pdf)