Universal Property Group Pty Ltd v Penrith City Council

[2017] NSWLEC 1745

Land and Environment Court

New South Wales

Medium Neutral Citation:	Universal Property Group Pty Ltd v Penrith City Council [2017] NSWLEC 1745
Hearing dates:	Conciliation conference on 18 October 2017
Date of orders:	22 December 2017
Decision date:	22 December 2017
Jurisdiction:	Class 1
Before:	Bish C
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Environmental Planning Assessment Act 1979 Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Universal Property Group Pty Ltd (Applicant) Penrith City Council (Respondent)
Representation:	Solicitors: Ms E Flemming, SWAAB Attorneys (Applicant) Mr C Campbell, Sparke Helmore (Respondent)
File Number(s):	2017/171233
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 make, 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 Applicant is granted leave to rely upon the following amended material:

Stormwater Management Strategy, South Werrington Urban Village Precinct, Revision 8 dated 30 November 2017

2. The appeal is upheld.

3. The Applicant is to pay the Respondent's costs in the amount of $4500 under s 97B of the Environmental Planning Assessment Act 1979.

4. Development Application No. DA-16-1148, for the subdivision of Lot 102 in DP1140594 (known as 16 Chapman Street, Werrington) into 94 residential allotments (proposed Lots 1-94) and 1 superlot (proposed Lot 95), including roadworks, stormwater drainage, street tree planting and landscaping is approved subject to the conditions in Annexure 'A'.

……………………….

Commissioner Bish

Annexure A (C) (290 KB, pdf)

Plans (12.1 MB, pdf)