Universal Property Group v Blacktown City Council

[2017] NSWLEC 1047

Land and Environment Court

New South Wales

Medium Neutral Citation:	Universal Property Group v Blacktown City Council [2017] NSWLEC 1047
Hearing dates:	Conciliation conference on 3 February 2017
Date of orders:	07 February 2017
Decision date:	07 February 2017
Jurisdiction:	Class 1
Before:	Brown C
Decision:	See (5) below
Catchwords:	DEVELOPMENT APPLICATION: consolidation of five (5) allotments and the subdivision of the resultant super lot into 58 lots and 5 residue lots and 1 lot for public roads stormwater drainage works, removal of trees - conciliation conference; agreement between the parties; orders
Legislation Cited:	Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Universal Property Group (Applicant) Blacktown City Council (Respondent)
Representation:	Ms E Fleming, Fleming Legal (Applicant) Mr T O'Connor, Houston Dearn O'Connor (Respondent)
File Number(s):	2016/175712
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal against the refusal of Development application DA-15-2450 for the consolidation of five (5) allotments (lot 8 in DP 1016066, lot 45 in DP 1009284, lot 141 in DP 1000239 and lots 63 and 64 in DP 28833) and the subdivision of the resultant super lot into 58 lots and 5 residue lots and 1 lot for public roads, construction of public roads, stormwater drainage works, dewatering of dams and removal of trees on land known as 73-77 Hambledon Road, Schofields, 121 Dongola Circuit, Schofields and 6 Burdekin 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 make, 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 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 DA-15-2450 and to rely upon the amended plans listed in condition 2.1.1 and condition 4.1.3 of Annexure "A".

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

4. Development application DA-15-2450 is approved for the consolidation of five (5) allotments (lot 8 in DP 1016066, lot 45 in DP 1009284, lot 141 in DP 1000239 and lots 63 and 64 in DP 28833) and the subdivision of the resultant super lot into 58 lots and 5 residue lots and 1 lot for public roads, construction of public roads, stormwater drainage works, dewatering of dams and removal of trees on land known as 73-77 Hambledon Road, Schofields, 121 Dongola Circuit, Schofields and 6 Burdekin Road Schofields.

…………….

G.Brown

Commissioner

175712.16 Brown (C) (123 KB, pdf)

175712.16 Brown (Plans) (10.7 MB, pdf)

Decision last updated: 09 May 2018