Land and Environment Court New South Wales Medium Neutral Citation: Universal Property Group Pty Ltd v Blacktown City Council [2016] NSWLEC 1528 Hearing dates: Conciliation conference on 14 September, 24 October 2016 Date of orders: 09 November 2016 Decision date: 09 November 2016 Jurisdiction: Class 1 Before: Brown C Decision: See (5) below Catchwords: DEVELOPMENT APPLICATION; medium density housing development; 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 Pty Ltd (Applicant) Blacktown City Council (Respondent) Representation: Counsel: Ms E Fleming, solicitor (Applicant) Ms J Corradini-Bird, solicitor (Respondent) Solicitors: E J Fleming Legal (Applicant) Marsdens Law Group (Respondent) File Number(s): 2016/00157626 Publication restriction: No Judgment 1. COMMISSIONER: This is an appeal against the refusal of Development Application no 15/2810 for the construction of a medium density housing development at 54 Schofields Road Schofield. 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 under s34(3) of the Land and Environment Court Act 1979 are: 1. The Applicant is given leave to amend the development application by substituting the following plans and documentation as the plans and documentation relied upon for the purpose of the development application: Drawing Title Drawing No. Revision Prepared by Dated Site Information DA01 3 The Bathla Group 23/9/2016 Site Analysis Drawing DA02 3 The Bathla Group 23/9/2016 Site Plan Drawing DA03 3 The Bathla Group 23/9/2016 Ground Floor Plans Part 1 & 2 DA04 3 The Bathla Group 23/9/2016 Ground Floor Plan Part 3 DA05 3 The Bathla Group 23/9/2016 First Floor Plans Part 1 & 2 DA06 3 The Bathla Group 23/9/2016 First Floor Plans Part 3 DA07 3 The Bathla Group 23/9/2016 Elevations Part 1 DA08 3 The Bathla Group 23/9/2016 Elevations Part 2 DA09 3 The Bathla Group 23/9/2016 Elevations Part 3 DA10 3 The Bathla Group 23/9/2016 Shadow Analysis 1 DA11 3 The Bathla Group 23/9/2016 Shadow Analysis 2 DA12 3 The Bathla Group 23/9/2016 Concept Landscape Plan LP 01/02 R02 The Bathla Group 4/10/2016 Concept Landscape Plan LP 02/02 R02 The Bathla Group 4/10/2016 Colour Schedule B The Bathla Group 6/10/2016 Cover Sheet CC-0000 B Aurecon Group 14/9/16 Survey Plan CC-0001 B Aurecon Group 14/9/16 General Notes Sheet 1 of 2 CC-0002 B Aurecon Group 14/9/16 General Notes Sheet 2 of 2 CC-0003 B Aurecon Group 14/9/16 Erosion and Sediment Control Plan CC-0004 B Aurecon Group 14/9/16 Erosion and Sediment Control Details CC-0005 B Aurecon Group 14/9/16 Earthworks Volumes Plan and Sections CC-0006 B Aurecon Group 14/9/16 Demolition Plan CC-0007 B Aurecon Group 14/9/16 General Arrangement Plan Sheet 1 of 2 CC-0010 B Aurecon Group 14/9/16 General Arrangement Plan Sheet 2 of 2 CC-0011 B Aurecon Group 14/9/16 Roadworks Typical Road Cross Sections CC-0012 B Aurecon Group 14/9/16 Roadworks Pavement Details CC-0013 B Aurecon Group 14/9/16 Roadworks Road Longitudinal Sections CC-0020 B Aurecon Group 14/9/16 Roadworks Cross Sections Road 1 Sheet 1 of 3 CC-0021 B Aurecon Group 14/9/16 Roadworks Cross Sections Road 1 Sheet 2 of 3 CC-0022 B Aurecon Group 14/9/16 Roadworks Cross Sections Road 1 Sheet 2 of 3 CC-0023 B Aurecon Group 14/9/16 Roadworks Cross Sections Road 2 and Road 3 Sheet CC-0024 B Aurecon Group 14/9/16 Roadworks Intersection Details – Sheet 1 of 2 CC-0032 B Aurecon Group 14/9/16 Roadworks Intersection Details – Sheet 2 of 2 CC-0033 B Aurecon Group 14/9/16 Retaining Wall Longitudinal Section and Details CC-0034 B Aurecon Group 14/9/16 Stormwater Layout Plan Sheet 1 of 2 CC-0040 B Aurecon Group 14/9/16 Stormwater Layout Plan Sheet 2 of 2 CC-0041 B Aurecon Group 14/9/16 Stormwater Catchments Plan CC-0042 B Aurecon Group 14/9/16 Stormwater Longitudinal Section Sheet 1 of 3 CC-0043 B Aurecon Group 14/9/16 Stormwater Longitudinal Section Sheet 2 of 3 CC-0044 B Aurecon Group 14/9/16 Stormwater Longitudinal Section Sheet 3 of 3 CC-0045 B Aurecon Group 14/9/16 Stormwater Details Sheet 1 of 2 CC-0046 B Aurecon Group 14/9/16 Stormwater Details Sheet 2 of 2 CC-0047 B Aurecon Group 14/9/16 Stormwater Drainage Calculations Details CC-0048 B Aurecon Group 14/9/16 OSD/Bio-Filtration Basin Details Sheet 1 of 2 CC-0049 B Aurecon Group 14/9/16 OSD/Bio-Filtration Basin Details Sheet 2 of 2 CC-0050 B Aurecon Group 14/9/16 Document Title Revision Prepared by Dated BASIX Certificate No. 691964M_02 5 October 2016 Stormwater Management Report 01 Aurecon Group 23 September 2016 1. The appeal is upheld. 2. Development Application No. 15/2810 for the construction of a medium density housing development containing 55 two storey dwellings with 87 car parking spaces for residents and 11 car parking spaces for visitors, dedication of public open space to Council, tree removal and landscaping works, subdivision of the site into 4 lots, and construction of new public roads and drainage works on Lot 103 in Deposited Plan 1191633 (known as 54 Schofields Rd, Schofields), is approved subject to the conditions of consent contained in Annexure "A" hereto. ……………. G T Brown Commissioner 157626.16 - Annexure A (250 KB, pdf) DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 11 November 2016