Universal Property Group Pty Ltd v Penrith City Council

[2017] NSWLEC 1683

Land and Environment Court

New South Wales

Medium Neutral Citation:	Universal Property Group Pty Ltd v Penrith City Council [2017] NSWLEC 1683
Hearing dates:	Conciliation conference on 5, 27 September, 13, 23 October & 28 November 2017
Date of orders:	29 November 2017
Decision date:	29 November 2017
Jurisdiction:	Class 1
Before:	Bish 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) Penrith City Council (Respondent)
Representation:	Solicitor: Ms E Fleming, Swaab (Applicant) Ms J Wauchope, Dentons Australia (Respondent)
File Number(s):	2017/1268237
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 appeal is upheld.

2. The Applicant is granted leave to amend development application DA16/0889 and to rely upon the amended plans listed in condition 1 of Annexure "A".

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

4. Consent for DA16/889 for the subdivision of 2 lots into 57 residential lots; which includes 4 lots to be used for temporary roads; construction of roads, stormwater drainage and landscaping at 27 Kent Road and 326 Caddens Road, Claremont Meadows, is granted in accordance with the conditions of consent annexed hereto and marked “A”.

……………………….

Commissioner Bish

Annexure A (297 KB, pdf)

Plans01 (3.79 MB, pdf)

Plans (105 KB, pdf)