Universal Property Group Pty Ltd v Blacktown City Council
[2016] NSWLEC 1528
•9 November 2016
|
New South Wales |
Case Name: | Universal Property Group Pty Ltd v Blacktown City Council |
Medium Neutral Citation: | [2016] NSWLEC 1528 |
Hearing Date(s): | Conciliation conference on 14 September, 24 October 2016 |
Date of Orders: | 9 November 2016 |
Decision Date: | 9 November 2016 |
Jurisdiction: | Class 1 |
Before: | Brown C |
Decision: | See (5) below |
Catchwords: | DEVELOPMENT APPLICATION; medium density housing development; conciliation conference; agreement between the parties; orders |
Legislation Cited: | Environmental Planning and Assessment Act 1979 |
Category: | Principal judgment |
Parties: | Universal Property Group Pty Ltd (Applicant) |
Representation: | Counsel: |
File Number(s): | 2016/00157626 |
Publication Restriction: | No |
JUDGMENT
COMMISSIONER: This is an appeal against the refusal of Development Application no 15/2810 for the construction of a medium density housing development at 54 Schofields Road Schofield.
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”.
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.
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.
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 given leave to amend the development application by substituting the following plans and documentation as the plans and documentation relied upon for the purpose of the development application:
| Drawing Title | Drawing No. | Revision | Prepared by | Dated | ||||
| Site Information | DA01 | 3 | The Bathla Group | 23/9/2016 | ||||
| Site Analysis Drawing | DA02 | 3 | The Bathla Group | 23/9/2016 | ||||
| Site Plan Drawing | DA03 | 3 | The Bathla Group | 23/9/2016 | ||||
| Ground Floor Plans Part 1 & 2 | DA04 | 3 | The Bathla Group | 23/9/2016 | ||||
| Ground Floor Plan Part 3 | DA05 | 3 | The Bathla Group | 23/9/2016 | ||||
| First Floor Plans Part 1 & 2 | DA06 | 3 | The Bathla Group | 23/9/2016 | ||||
| First Floor Plans Part 3 | DA07 | 3 | The Bathla Group | 23/9/2016 | ||||
| Elevations Part 1 | DA08 | 3 | The Bathla Group | 23/9/2016 | ||||
| Elevations Part 2 | DA09 | 3 | The Bathla Group | 23/9/2016 | ||||
| Elevations Part 3 | DA10 | 3 | The Bathla Group | 23/9/2016 | ||||
| Shadow Analysis 1 | DA11 | 3 | The Bathla Group | 23/9/2016 | ||||
| Shadow Analysis 2 | DA12 | 3 | The Bathla Group | 23/9/2016 | ||||
| Concept Landscape Plan | LP 01/02 | R02 | The Bathla Group | 4/10/2016 | ||||
| Concept Landscape Plan | LP 02/02 | R02 | The Bathla Group | 4/10/2016 | ||||
| Colour Schedule | B | The Bathla Group | 6/10/2016 | |||||
| Cover Sheet | CC-0000 | B | Aurecon Group | 14/9/16 | ||||
| Survey Plan | CC-0001 | B | Aurecon Group | 14/9/16 | ||||
| General Notes Sheet 1 of 2 | CC-0002 | B | Aurecon Group | 14/9/16 | ||||
| General Notes Sheet 2 of 2 | CC-0003 | B | Aurecon Group | 14/9/16 | ||||
| Erosion and Sediment Control Plan | CC-0004 | B | Aurecon Group | 14/9/16 | ||||
| Erosion and Sediment Control Details | CC-0005 | B | Aurecon Group | 14/9/16 | ||||
| Earthworks Volumes Plan and Sections | CC-0006 | B | Aurecon Group | 14/9/16 | ||||
| Demolition Plan | CC-0007 | B | Aurecon Group | 14/9/16 | ||||
| General Arrangement Plan Sheet 1 of 2 | CC-0010 | B | Aurecon Group | 14/9/16 | ||||
| General Arrangement Plan Sheet 2 of 2 | CC-0011 | B | Aurecon Group | 14/9/16 | ||||
| Roadworks Typical Road Cross Sections | CC-0012 | B | Aurecon Group | 14/9/16 | ||||
| Roadworks Pavement Details | CC-0013 | B | Aurecon Group | 14/9/16 | ||||
| Roadworks Road Longitudinal Sections | CC-0020 | B | Aurecon Group | 14/9/16 | ||||
| Roadworks Cross Sections Road 1 Sheet 1 of 3 | CC-0021 | B | Aurecon Group | 14/9/16 | ||||
| Roadworks Cross Sections Road 1 Sheet 2 of 3 | CC-0022 | B | Aurecon Group | 14/9/16 | ||||
| Roadworks Cross Sections Road 1 Sheet 2 of 3 | CC-0023 | B | Aurecon Group | 14/9/16 | ||||
| Roadworks Cross Sections Road 2 and Road 3 Sheet | CC-0024 | B | Aurecon Group | 14/9/16 | ||||
| Roadworks Intersection Details – Sheet 1 of 2 | CC-0032 | B | Aurecon Group | 14/9/16 | ||||
| Roadworks Intersection Details – Sheet 2 of 2 | CC-0033 | B | Aurecon Group | 14/9/16 | ||||
| Retaining Wall Longitudinal Section and Details | CC-0034 | B | Aurecon Group | 14/9/16 | ||||
| Stormwater Layout Plan Sheet 1 of 2 | CC-0040 | B | Aurecon Group | 14/9/16 | ||||
| Stormwater Layout Plan Sheet 2 of 2 | CC-0041 | B | Aurecon Group | 14/9/16 | ||||
| Stormwater Catchments Plan | CC-0042 | B | Aurecon Group | 14/9/16 | ||||
| Stormwater Longitudinal Section Sheet 1 of 3 | CC-0043 | B | Aurecon Group | 14/9/16 | ||||
| Stormwater Longitudinal Section Sheet 2 of 3 | CC-0044 | B | Aurecon Group | 14/9/16 | ||||
| Stormwater Longitudinal Section Sheet 3 of 3 | CC-0045 | B | Aurecon Group | 14/9/16 | ||||
| Stormwater Details Sheet 1 of 2 | CC-0046 | B | Aurecon Group | 14/9/16 | ||||
| Stormwater Details Sheet 2 of 2 | CC-0047 | B | Aurecon Group | 14/9/16 | ||||
| Stormwater Drainage Calculations Details | CC-0048 | B | Aurecon Group | 14/9/16 | ||||
| OSD/Bio-Filtration Basin Details Sheet 1 of 2 | CC-0049 | B | Aurecon Group | 14/9/16 | ||||
| OSD/Bio-Filtration Basin Details Sheet 2 of 2 | CC-0050 | B | Aurecon Group | 14/9/16 | ||||
| Document Title | Revision | Prepared by | Dated | |||||
| BASIX Certificate No. 691964M_02 | 5 October 2016 | |||||||
| Stormwater Management Report | 01 | Aurecon Group | 23 September 2016 | |||||
(2)The appeal is upheld.
(3)Development Application No. 15/2810 for the construction of a medium density housing development containing 55 two storey dwellings with 87 car parking spaces for residents and 11 car parking spaces for visitors, dedication of public open space to Council, tree removal and landscaping works, subdivision of the site into 4 lots, and construction of new public roads and drainage works on Lot 103 in Deposited Plan 1191633 (known as 54 Schofields Rd, Schofields), is approved subject to the conditions of consent contained in Annexure “A” hereto.
…………….
G T Brown
Commissioner
157626.16 - Annexure A (250 KB, pdf)
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