Universal Property Group Pty Ltd v Blacktown Council

[2017] NSWLEC 1484

Land and Environment Court

New South Wales

Medium Neutral Citation:	Universal Property Group Pty Ltd v Blacktown Council [2017] NSWLEC 1484
Hearing dates:	Conciliation conference on 19 July 2017
Date of orders:	31 August 2017
Decision date:	31 August 2017
Jurisdiction:	Class 1
Before:	Dickson C
Decision:	See [5] below
Catchwords:	DEVELOPMENT APPEAL under s97(1) against refusal of application for three new residential flat buildings - amended design- agreement between the parties - orders
Legislation Cited:	Land and Environment Court Act 1979 Environmental Planning and Assessment Act 1979
Cases Cited:	Nil
Category:	Principal judgment
Parties:	Universal Property Group Pty Ltd (Applicant) Blacktown Council (Respondent)
Representation:	Solicitors: Swaab Attorneys (Applicant) Bartier Perry Lawyers (Respondent)
File Number(s):	2017/0073106
Publication restriction:	No

​

Judgment

1. COMMISSIONER: This is an appeal, under s97(2) of the Environmental Planning and Assessment Act 1979, against the deemed refusal of development application number JRPP-16-03341. The application seeks approval erection of three residential flat buildings containing 149 units on approved lots 16C in the subdivision of Lot 16 DP 31797 (Pelican Road Schofields).

2. 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”.

3. 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.

4. 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.

5. The final orders to give effect to the parties’ agreement are:

1. The appeal is upheld.

2. The Applicant is granted leave to rely upon the following amended material, copies of which are behind Annexure “A”:

Drawing reference	Title	Prepared by	Date
16C-000, Rev D	Cover Page	The Bathla Group	4 August 2017
16C-001, Rev C	Compliance Table	The Bathla Group	30 June 2017
16C-002, Rev B	Location Plan	The Bathla Group	23 May 2017
16C003, Rev B	Site Analysis	The Bathla Group	23 May 2017
16C-004,Rev B	Site Plan	The Bathla Group	23 May 2017
16C-005, Rev D	Plan – Basement 2	The Bathla Group	4 August 2017
16C-006, Rev E	Plan – Basement 1	The Bathla Group	4 August 2017
16C-007, Rev D	Plan – Ground	The Bathla Group	4 August 2017
16C-008, Rev D	Plan – Level 1	The Bathla Group	4 August 2017
16C-009, Rev D	Plan – Level 2	The Bathla Group	4 August 2017
16C-010, Rev D	Plan – Level 3	The Bathla Group	4 August 2017
16C-011, Rev D	Plan - Level 4	The Bathla Group	4 August 2017
16C-012, Rev D	Plan – Level 5	The Bathla Group	4 August 2017
16C-013, Rev D	Plan – Roof	The Bathla Group	4 August 2017
16C-014, Rev C	Sections – AA + BB	The Bathla Group	4 August 2017
16C-015, Rev C	Driveway sections	The Bathla Group	4 August 2017
16C-016, Rev D	Elevations – North & South	The Bathla Group	4 August 2017
16C-017, Rev D	Elevations – East & West	The Bathla Group	4 August 2017
16C-018, Rev C	Materials and Finishes	The Bathla Group	4 August 2017
16C-019, Rev C	Height Study	The Bathla Group	4 August 2017
16C-020, Rev C	Shadow Analysis & C.O.S Analysis	The Bathla Group	4 August 2017
16C-021, Rev C	Daylight Compliance & Cross Ventilation	The Bathla Group	4 August 2017
16C-022, Rev C	Area Calc. – FSR	The Bathla Group	30 June 2017
16C-023, Rev B	Area Calc. – Deep Soil, Landscaped & C.O.S	The Bathla Group	23 May 2017
16C-026, Rev C	Path Way to Bin Room	The Bathla Group	4 August 2017
16C-027, Rev B	Site Coverage	The Bathla Group	30 June 2017
16C-029, Rev A	Cut and Fill	The Bathla Group	23 May 2017
16C-030, Rev A	Solar Access	The Bathla Group	4 August 2017
LP-DA 01, Rev C	Concept Landscape Plan	The Bathla Group	7 August 2017
LP-DA 02, Rev C	Landscape Specification	The Bathla Group	7 August 2017
LP-DA 03, Rev C	Landscape Details	The Bathla Group	7 August 2017
BASIX Certificate Number 758653M_03

3. The Applicant's clause 4.6 written request prepared by GLN planning Consulting Strategy for a variation of the Height of Building development standard under State Environmental Planning Policy (Sydney Growth Centres) 2006, a copy of which is behind Annexure “B”, is upheld.

4. The Applicant is to pay the Respondent's costs under section 97B of the Environmental Planning Assessment Act 1979 as agreed or assessed.

5. Development application No. JRPP-16-03341 for the erection of 3 residential flat buildings containing 149 units including stormwater and landscaping works on approved lot 16C in the subdivision of Lot 16 DP 31797 (Pelican Road, Schofields) is approved subject to the conditions of consent set out in Annexure ”C”.

…………….

D M Dickson

Commissioner of the Court 

73106.17 Dickson - Annexure A (17.3 MB, pdf)

73106.17 Dickson - Annexure B (713 KB, pdf)

73106.17 Dickson - Annexure C (536 KB, pdf)