Universal Property Group Pty Ltd v Cumberland Council
[2017] NSWLEC 1744
•22 December 2017
Land and Environment Court
New South Wales
- Amendment notes
Medium Neutral Citation: Universal Property Group Pty Ltd v Cumberland Council [2017] NSWLEC 1744 Hearing dates: Conciliation conference on 21 December 2017 Date of orders: 22 December 2017 Decision date: 22 December 2017 Jurisdiction: Class 1 Before: Dixon C Decision: See (4) below
Catchwords: DEVELOPMENT APPLICATION: 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)
Cumberland Council (Respondent)Representation: Counsel:
Solicitors:
Ms J Reid (Applicant)
Mr A Seton (Solicitor) (Respondent)
SWAAB Attorneys (Applicant)
Marsdens Law Group (Respondent)
File Number(s): 2017/126814 Publication restriction: No
Judgment
-
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”.
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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.
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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.
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The final orders to give effect to the parties’ agreement under s34(3) of the Land and Environment Court Act 1979 are:
The appeal is upheld.
The Applicant is granted leave to rely upon the following amended material:
Drawing No. and Issue
Drawing Title
Prepared by
Date of Plan
DA 01, Issue H
Site Analysis
Architex Pty Ltd
14 September 2017
DA 02, Issue H
Subdivision Plan
Architex Pty Ltd
14 September 2017
DA 03, Issue H
Site + Staging Plan
Architex Pty Ltd
14 September 2017
DA 04, Issue H
Basement Level 2
Architex Pty Ltd
14 September 2017
DA 05, Issue H
Basement Level 1
Architex Pty Ltd
14 September 2017
DA 06, Issue H
Ground Floor Level
Architex Pty Ltd
14 September 2017
DA 07, Issue H
Level 1
Architex Pty Ltd
14 September 2017
DA 08, Issue H
Level 2
Architex Pty Ltd
14 September 2017
DA09, Issue H
Level 3
Architex Pty Ltd
14 September 2017
DA 10, Issue H
Level 4
Architex Pty Ltd
14 September 2017
DA 11, Issue H
Roof Plan
Architex Pty Ltd
14 September 2017
DA 12, Issue H
Site Elevations
Architex Pty Ltd
14 September 2017
DA 13, Issue H
Site Elevations
Architex Pty Ltd
14 September 2017
DA 14, Issue H
Site Elevations
Architex Pty Ltd
14 September 2017
DA 15, Issue H
Site Elevations
Architex Pty Ltd
14 September 2017
DA 16, Issue H
Site Elevations
Architex Pty Ltd
14 September 2017
DA 17, Issue H
Site Sections
Architex Pty Ltd
14 September 2017
DA 18, Issue H
Site Sections
Architex Pty Ltd
14 September 2017
DA 19, Issue H
Callout 1 – Basement Level 2
Architex Pty Ltd
14 September 2017
DA 20, Issue H
Callout 2 – Basement Level 1 – Blocks A + B
Architex Pty Ltd
14 September 2017
DA 21, Issue G
Callout 3 – Basement Level 1 – Blocks C + D
Architex Pty Ltd
31 August 2017
DA 22, Issue H
Callout – Townhouse Block E
Architex Pty Ltd
14 September 2017
DA 23, Issue H
Callout 5 – Townhouse Block F
Architex Pty Ltd
14 September 2017
DA 24, Issue H
Callout 6 – Townhouse Block G
Architex Pty Ltd
14 September 2017
DA 25, Issue H
Callout 7 – Townhouse Block H
Architex Pty Ltd
14 September 2017
DA 26, Issue G
Typical Unit Layouts Block A – Typical Level
Architex Pty Ltd
31 August 2017
DA 27, Issue H
Typical Unit Layouts Block A – Level 4
Architex Pty Ltd
14 September 2017
DA 28, Issue H
Typical Unit Layouts Block B – Typical Level
Architex Pty Ltd
14 September 2017
DA 29, Issue H
Typical Unit Layouts Block B – Level 4
Architex Pty Ltd
14 September 2017
DA 30, Issue G
Typical Unit Layouts Block C – Typical Level
Architex Pty Ltd
31 August 2017
DA 31, Issue H
Typical Unit Layouts Block C – Level 4
Architex Pty Ltd
14 September 2017
DA 32, Issue H
Typical Unit Layouts Block D
Architex Pty Ltd
14 September 2017
DA 33, Issue H
Typical Unit Layouts – Townhouse + Post-Adaptable Layout
Architex Pty Ltd
14 September 2017
DA 34, Issue H
Site Details
Architex Pty Ltd
14 September 2017
DA 35, Issue H
Driveway Ramp Sections
Architex Pty Ltd
14 September 2017
DA 36, Issue H
Waste Management Plan
Architex Pty Ltd
14 September 2017
DA 37, Issue H
3D Building Height Plane
Architex Pty Ltd
14 September 2017
DA 38, Issue H
F.S.R + Deep Soil Calculation Diagrams
Architex Pty Ltd
14 September 2017
DA 39, Issue H
Landscaping + C.O.S Calculation Diagrams
Architex Pty Ltd
14 September 2017
DA 40, Issue H
Shadow Diagrams 9am 21st June
Architex Pty Ltd
14 September 2017
DA 41, Issue H
Shadow Diagrams 9noon 21st June
Architex Pty Ltd
14 September 2017
DA 42, Issue H
Shadow Diagrams 3pm 21st June
Architex Pty Ltd
14 September 2017
DA 43, Issue H
Mass Model Images
Architex Pty Ltd
14 September 2017
DA 44, Issue H
3d Sections
Architex Pty Ltd
14 September 2017
DA 45, Issue H
Tree Retention
Architex Pty Ltd
14 September 2017
DA 46, Issue H
Cross Ventilation
Architex Pty Ltd
14 September 2017
DA 47, Issue H
Cross Ventilation – Block A Level 1 – 3
Architex Pty Ltd
14 September 2017
DA 48, Issue H
Cross Ventilation Block A Level 4
Architex Pty Ltd
14 September 2017
DA 49, Issue H
Cross Ventilation – Block B Ground Level
Architex Pty Ltd
14 September 2017
DA 50, Issue H
Cross Ventilation – Block B Level 1 – 3
Architex Pty Ltd
14 September 2017
DA 51, Issue H
Cross Ventilation – Block B Level 4
Architex Pty Ltd
14 September 2017
DA 52, Issue H
Cross Ventilation - Block C Ground Level
Architex Pty Ltd
14 September 2017
DA 53, Issue H
Cross Ventilation – Block C Level 1 – 3
Architex Pty Ltd
14 September 2017
DA 54, Issue H
Cross Ventilation – Block C Level 4
Architex Pty Ltd
14 September 2017
DA 55, Issue H
Cross Ventilation – Block D Ground Level
Architex Pty Ltd
14 September 2017
DA 56, Issue H
Cross Ventilation – Block D Level 1 – 3
Architex Pty Ltd
14 September 2017
DA 57, Issue H
Cross Ventilation – Block D Level 4
Architex Pty Ltd
14 September 2017
DA 58, Issue H
Solar Access – Block A
Architex Pty Ltd
14 September 2017
DA 59, Issue H
Solar Access – Block B
Architex Pty Ltd
14 September 2017
DA 60, Issue H
Solar Access – Block C
Architex Pty Ltd
14 September 2017
DA 61, Issue H
Solar Access – Block D
Architex Pty Ltd
14 September 2017
1581.SP.01 (Issue C)
Landscape Overall Plan
Greenland Design Pty Ltd
October 2017
1581.GD.01 (Issue C)
Landscape Plan – Block A Ground Floor
Greenland Design Pty Ltd
October 2017
1581.GD.01A (Issue C)
Landscape Plan – Block A Ground Floor Detailed Area 1
Greenland Design Pty Ltd
October 2017
1581.GD.01B (Issue C)
Landscape Plan – Block A Ground Floor Detailed Area 2
Greenland Design Pty Ltd
October 2017
1581.GD.01C (Issue C)
Landscape Plan – Block A Level 4
Greenland Design Pty Ltd
October 2017
1581.GD.02 (Issue C)
Landscape Plan – Block B
Greenland Design Pty Ltd
October 2017
1581.GD.02A (Issue C)
Landscape Plan – Block B Ground Floor Detailed Area 1
Greenland Design Pty Ltd
October 2017
1581.GD.02B (Issue C)
Landscape Plan – Block B Ground Floor Detailed Area 2
Greenland Design Pty Ltd
October 2017
1581.GD.02C (Issue C)
Landscape Plan – Block B Level 4
Greenland Design Pty Ltd
October 2017
1581.GD.03 (Issue C)
Landscape Plan – Block C
Greenland Design Pty Ltd
October 2017
1581.GD.03A (Issue C)
Landscape Plan – Block C Ground Floor Detailed Area
Greenland Design Pty Ltd
October 2017
1581.GD.03B (Issue C)
Landscape Plan – Block C Level 4
Greenland Design Pty Ltd
October 2017
1581.GD.04 (Issue C)
Landscape Plan – Block D
Greenland Design Pty Ltd
October 2017
1581.GD.04A (Issue C)
Landscape Plan – Block D Ground Floor Detailed Area
Greenland Design Pty Ltd
October 2017
1581.GD.04B (Issue C)
Landscape Plan – Block D Level 4
Greenland Design Pty Ltd
October 2017
1581.GD.05 (Issue C)
Landscape Plan – Townhouses Area 1
Greenland Design Pty Ltd
October 2017
1581.GD.05A (Issue C)
Landscape Plan – Townhouses Area 1 Detailed Area 1
Greenland Design Pty Ltd
October 2017
1581.GD.05B (Issue C)
Landscape Plan – Townhouses Area 1 Detailed Area 2
Greenland Design Pty Ltd
October 2017
1581.GD.06 (Issue C)
Landscape Plan – Townhouses Area 2
Greenland Design Pty Ltd
October 2017
1581.GD.06A (Issue C)
Landscape Plan – Townhouses Area 2 Detailed Area
Greenland Design Pty Ltd
October 2017
1581.GD.07 (Issue C)
Landscape Plan – Townhouses Area 3
Greenland Design Pty Ltd
October 2017
1581.GD.07A (Issue C)
Landscape Plan – Townhouses Area 3 Detailed Area
Greenland Design Pty Ltd
October 2017
1581.GD.08 (Issue C)
Landscape Plan –Canal Park
Greenland Design Pty Ltd
October 2017
1581.GD.09 (Issue C)
Landscape Plan –Community Park
Greenland Design Pty Ltd
October 2017
1581.GD.10 (Issue C)
Landscape Details
Greenland Design Pty Ltd
October 2017
1581.GD.11 (Issue C)
Landscape Specification
Greenland Design Pty Ltd
October 2017
SY1647C1, Issue D
Cover Sheeet
Barker Ryan Stewart
Undated
SY1647C102, Issue D
Stormwater Drainage and Grading – Site Plan
Barker Ryan Stewart
20 September 2017
SY1647C103, Issue D
Basement 1 & Floor Plan – Drainage
Barker Ryan Stewart
20 September 2017
SY1647C104, Issue D
Bulk Earthworks Plan
Barker Ryan Stewart
20 September 2017
SY1647C105, Issue D
Proposed Road MC01 Longitudinal Sections and Typical Sections
Barker Ryan Stewart
20 September 2017
SY1647C106, Issue D
Proposed Road MC02 & M03 Longitudinal Sections and Typical Sections
Barker Ryan Stewart
20 September 2017
SY1647C107, Issue D
Existing and proposed Bike Path Longitudinal Section
Barker Ryan Stewart
20 September 2017
SY1647C108, Issue D
Catchment Plan
Barker Ryan Stewart
20 September 2017
SY1647C109, Issue D
Drainage Longitudinal Sections Sheet 1 and 2
Barker Ryan Stewart
20 September 2017
SY1647C110, Issue D
Drainage Longitudinal Sections Sheet 2 of 2
Barker Ryan Stewart
20 September 2017
SY1647C111, Issue D
Drainage Calculations Sheet 1 of 2
Barker Ryan Stewart
20 September 2017
SY1647C112, Issue D
Drainage Calculations Sheet 2 of 2
Barker Ryan Stewart
20 September 2017
SY1647C113, Issue D
Miscellaneous Details
Barker Ryan Stewart
20 September 2017
SY1647C114, Issue D
OSD Sections
Barker Ryan Stewart
20 September 2017
SY1647C115, Issue D
OSD Details
Barker Ryan Stewart
20 September 2017
796748M_02
BASIX Certificate
ESD Synergy
14 November 2017
796824M_02
BASIX Certificate
ESD Synergy
14 November 2017
796866M_02
BASIX Certificate
ESD Synergy
14 November 2017
The Applicant is to pay the Respondent's costs under section 97B of the Environmental Planning Assessment Act 1979 as agreed or assessed.
Deferred commencement consent is granted to DA No. 52/2017 for the subdivision of one lot into six lots, the erection of four residential flat buildings containing 192 units and 23 multi dwelling housing dwellings with associated roadworks and landscaping at Lot 12 DP 1175686, Palmer Street, Guildford, subject to the conditions in Annexure 'A'.
……………………….
S Dixon
Commissioner of the Court
Annexure A (529 KB, pdf)
Attachment A to the conditions (364 KB, pdf)
Plans (1.66 MB, pdf)
Amendments
24 June 2019 - Pursuant to UCPR 36.17, by consent of the parties, amend orders of 22 December 2017 in the following manner:
1. in Order (4), substitute the word “fivesix” with the word “six”.
Decision last updated: 24 June 2019
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