Universal Property Group Pty Ltd v Blacktown City Council

[2016] NSWLEC 1273

Land and Environment Court

New South Wales

Medium Neutral Citation:	Universal Property Group Pty Ltd v Blacktown City Council [2016] NSWLEC 1273
Hearing dates:	Conciliation conference on 23 May, 23 June 2016
Date of orders:	23 June 2016
Decision date:	23 June 2016
Jurisdiction:	Class 1
Before:	Hussey AC
Decision:	See (4) below
Catchwords:	Development Application: Residential Subdivision, road pattern, Cl 4.6 variation to minimise Lot sizes; bushfire; 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:	Solicitors: Ms Emma Fleming, E J Fleming Legal (Applicant) Mr Dennis Loether, Bartier Perry (Respondent)
File Number(s):	147737 of 2016
Publication restriction:	No

Judgment

1. ACTING 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 Development Application No. 15-02785 and to rely upon the amended plans listed in condition 2.1.1 (and cl. 4.6 request dated 26 May 2016), copies of which are behind Annexure "A".

3. The Applicant is to pay the Respondent’s costs, as agreed or assessed, under s.97B of the Environmental Planning and Assessment Act 1979.

4. Development Application No. 15-02785 (as amended) for the proposed Torrens title subdivision of 2 lots into 59 lots and construction of stormwater drainage, roads and tree removal on Lot 112 in DP208203 and Lot 141 in DP 208203 known as 116 Cudgegong Rd, Rouse Hill and 43 Worcester Rd, Rouse Hill, is approved subject to the conditions contained at Annexure “B”.

…………….

R Hussey

Acting Commissioner

147737.16 - Annexure A (8.26 KB, pdf)

147737.16 - Part 1 engineering plans (1.31 MB, pdf)

147737.16 - Engineering plans 2 (1.35 MB, pdf)

147737.16 - Justification Lot Size (1.23 MB, pdf)

147737.16 - Plans (7.70 MB, pdf)

147737.16 - Annexure B (164 KB, pdf)