Land and Environment Court New South Wales Medium Neutral Citation: Universal Property Group Pty Ltd v Blacktown City Council [2016] NSWLEC 1591 Hearing dates: Conciliation conference on 6, 15, 29 September, 10 November 2016 Date of orders: 09 December 2016 Decision date: 09 December 2016 Jurisdiction: Class 1 Before: Smithson C Decision: See (4) below Catchwords: DEVELOPMENT APPLICATION: 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: M. Staunton (Applicant) - (Respondent) Solicitors: E. Fleming, E J Fleming Legal (Applicant) K. Gerathy, HWL Ebsworth Lawyers (Respondent) File Number(s): 2016/00152992 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 amend its application to rely on the following plans and documents: Title Drawing No. Prepared by Date Site Information DA01 Rev 5 The Bathla Group 22-10-2016 Site Plan DA02 Rev 5 The Bathla Group 22-10-2016 Ground Floor Plan Lot 1 Part 1 DA03 Rev 5 The Bathla Group 22-10-2016 First Floor Plan Lot 1 Part 1 DA04 Rev 5 The Bathla Group 22-10-2016 Floor Plan DA05 Rev 5 The Bathla Group 22-10-2016 Lot 1 Part 1 & 2 Floor Plans, Elevations & Sections Lot 2 DA06 Rev 5 The Bathla Group 22-10-2016 Elevations & Sections Lot 1 DA07 Rev 5 The Bathla Group 22-10-2016 Shadow Diagram DA08 Rev 5 The Bathla Group 22-10-2016 Shadow Matrix DA09 Rev 5 The Bathla Group 22-10-2016 Schedule of Colours and External Finishes – Main Body, Roof and General Site Issue B The Bathla Group 21 October 2016 Schedule of Colours and External Finishes – Western Streetscape Issue B The Bathla Group 21 October 2016 Schedule of Colours and External Finishes – Eastern Streetscape Issue B The Bathla Group 21 October 2016 Schedule of Colours and External Finishes – Southern Streetscape Issue B The Bathla Group 21 October 2016 Concept Landscape Plan LP 01/02 R03 Universal Property Group Pty Ltd 21/10/2016 Concept Landscape Plan LP 02/02 R03 Universal Property Group Pty Ltd 21/10/2016 Street Tree Planting Plan LP 1/01 R02 Universal Property Group Pty Ltd 8/11/2016 Cover Sheet and drawing index 0145_100 C&M Consulting Engineers General Notes and Legend 01458_110 C&M Consulting Engineers 18/12/15 Revision 02 Sheet Layout Plan 01458_120 C&M Consulting Engineers 27/10/16 Revision 03 General Arrangement Plan Sheet 1 01458_201 Revision 06 C&M Consulting Engineers 11/11/16 General Arrangement Plan Sheet 2 01458_202 Revision 06 C&M Consulting Engineers 11/11/16 General Arrangement Plan Sheet 3 01458_203 Revision 02 C&M Consulting Engineers 11/11/16 Earthworks Plan 01458_231 Revision 02 C&M Consulting Engineers 11/03/16 Longitudinal Sections – Sheet 1 01458_301 C&M Consulting Engineers 11/11/16 Revision 6 Longitudinal Sections – Sheet 2 01458_302 C&M Consulting Engineers 27/10/16 Revision 4 Longitudinal Sections – Sheet 3 01458_303 C&M Consulting Engineers 27/10/16 Revision 4 Catchment Plan 01458-601 C&M Consulting Engineers 11/11/16 Revision 4 Typical Sections 01458_401 Revision 2 C&M Consulting Engineers 18/12/15 Pit Schedule 01458_611 C&M Consulting Engineers 27/10/16 Revision 5 Temporary on-site detention basin outlet plan and details 01458_621 Revision 5 C&M Consulting Engineers 11/11/16 Temporary on-site detention basin outlet plan and details 01458_622 Revision 2 C&M Consulting Engineers 11/11/16 Erosion and Sediment Control 01458_701 Revision 02 C&M Consulting Engineers 18/12/15 BASIX Certificate number: 683235M_03 1. The applicant is to pay Council's costs pursuant to section 97B of the Environmental Planning and Assessment Act 1979 in the amount of $10,500.00 within 28 days. 2. The Appeal is upheld. 3. Approval is granted to Development Application No. 15-2575 (DA) for the staged development for the removal of trees and Torrens Title subdivision to create 2 residue lots and 1 public road lot (Stage 1) and construction of a multi-dwelling housing development for the construction of 101 x 2-storey dwellings over Lot 1 and 20 x 2 storey dwellings over Lot 2, associated car parking, site works, landscaping and stormwater drainage works (Stage 2) on Lot 2 DP 1207670 & Lot 1 DP 1207669 known as No. 128-132 Railway Terrace, Riverstone, subject to the conditions at Annexure "A". ……………. Jenny Smithson Commissioner 152992.16 - Annexure A - Conditions of Consent (257 KB, pdf) 152992.16 - Plans (18.8 MB, 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: 12 December 2016