Land and Environment Court New South Wales Medium Neutral Citation: Universal Property Group Pty Ltd v Blacktown City Council [2016] NSWLEC 1646 Hearing dates: Conciliation conference on 22 November, 19 & 21 December 2016 Date of orders: 21 December 2016 Decision date: 21 December 2016 Jurisdiction: Class 1 Before: Hussey AC Decision: See (4) below Catchwords: DEVELOPMENT APPLICATION: Development consent for the staged construction of 4 residential flat buildings containing 318 units and a multi-dwelling housing development containing 21 units with basement car parking and associated landscaping and stormwater drainage works. Height, bulk, scale, encroachments into setbacks, waste services. Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: UNIVERSAL PROPERTY GROUP PTY LTD (Applicant) BLACKTOWN CITY COUNCIL (Respondent) Representation: Ms E Fleming, E J Fleming Legal (Applicant) Ms K Gerathy, HWL Ebsworth Lawyers (Respondent) File Number(s): 2016/234894 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 to leave to amend its application to rely on the following plans and documents: Title Drawing No. Prepared by Date Building 1 Cover Page BLD 1-000 Rev 4 The Bathla Groups 28/11/16 Basement 1 & 2 BLD 1-001 Rev 4 The Bathla Group 28/11/16 Lower Ground BLD 1-002 Rev 4 The Bathla Group 28/11/16 Ground Floor Plan BLD 1-003 Rev 4 The Bathla Group 28/11/16 Level 1 Floor Plan BLD 1-004 Rev 4 The Bathla Group 28/11/16 Level 2 Floor Plan BLD 1-005 Rev 4 The Bathla Group 28/11/16 Level 3 Floor Plan BLD 1-006 Rev 4 The Bathla Group 28/11/16 Level 4 Floor Plan BLD 1-007 Rev 4 The Bathla Group 28/11/16 Roof Plan BLD 1-008 Rev 4 The Bathla Group 28/11/16 Communal Open Space BLD 1-009 Rev 4 The Bathla Group 28/11/16 Elevations -Block A BLD 1-010 Rev 4 The Bathla Group 28/11/16 Elevations – Block B BLD 1-011 Rev 4 The Bathla Group 28/11/16 Sections BLD 1-012 Rev 4 The Bathla Group 28/11/16 Pre & Post Adaptable Units BLD 1-013 Rev 1 The Bathla Group 11/11/15 Views Perspective BLD 1-014 Rev 4 The Bathla Group 28/11/16 Area Calculations BLD 1-015 Rev 4 The Bathla Group 28/11/16 Material and Finishes BLD 1-016 Rev 4 The Bathla Group 28/11/16 Shadow Analysis BLD 1-017 Rev 4 The Bathla Group 28/11/16 Building 2 Cover Page BLD 2-000 Rev 4 The Bathla Groups 28/11/16 Basement 1 BLD 2-001 Rev 4 The Bathla Group 28/11/16 Basement 2 BLD 2-002 Rev 4 The Bathla Group 28/11/16 Ground Floor Plan BLD 2-003 Rev 4 The Bathla Group 28/11/16 Level 1 Floor Plan BLD 2-004 Rev 4 The Bathla Group 28/11/16 Level 2 Floor Plan BLD 2-005 Rev 4 The Bathla Group 28/11/16 Level 3 Floor Plan BLD 2-006 Rev 4 The Bathla Group 28/11/16 Level 4 Floor Plan BLD 2-007 Rev 4 The Bathla Group 28/11/16 Roof Plan BLD 2-008 Rev 4 The Bathla Group 28/11/16 Communal Open Space BLD 2-011 Rev 4 The Bathla Group 28/11/16 Elevations BLD 2-012 Rev 4 The Bathla Group 28/11/16 Elevations BLD 2-013 Rev 4 The Bathla Group 28/11/16 Sections BLD 2-014 Rev 4 The Bathla Group 28/11/16 Pre & Post Adaptable Units BLD 2-015 Rev 2 The Bathla Group 17/6/16 Views Perspective BLD 2-016 Rev 4 The Bathla Group 28/11/16 Area Calculations BLD 2-017 Rev 4 The Bathla Group 28/11/16 Material and Finishes BLD 2-018 Rev 4 The Bathla Group 28/11/16 Shadow Analysis BLD 2-019 Rev 4 The Bathla Group 28/11/16 Building 3 Cover Page BLD 3-000 Rev 4 The Bathla Groups 28/11/16 Basement 1 BLD 3-001 Rev 4 The Bathla Group 28/11/16 Basement 2 BLD 3-002 Rev 4 The Bathla Group 28/11/16 Ground Floor Plan BLD 3-003 Rev 4 The Bathla Group 28/11/16 Level 1 Floor Plan BLD 3-004 Rev 4 The Bathla Group 28/11/16 Level 2 Floor Plan BLD 3-005 Rev 4 The Bathla Group 28/11/16 Level 3 Floor Plan BLD 3-006 Rev 4 The Bathla Group 28/11/16 Level 4 Floor Plan BLD 3-007 Rev 4 The Bathla Group 28/11/16 Roof Plan BLD 3-008 Rev 4 The Bathla Group 28/11/16 Communal Open Space BLD 3-011 Rev 4 The Bathla Group 28/11/16 Elevations BLD 3-012 Rev 4 The Bathla Group 28/11/16 Elevations BLD 3-013 Rev 4 The Bathla Group 28/11/16 Sections BLD 3-014 Rev 4 The Bathla Group 28/11/16 Pre & Post Adaptable Units BLD 3-015 Rev 2 The Bathla Group 17/6/16 Views Perspective BLD 3-016 Rev 4 The Bathla Group 28/11/16 Area Calculations BLD 3-017 Rev 4 The Bathla Group 28/11/16 Material and Finishes BLD 3-018 Rev 4 The Bathla Group 28/11/16 Shadow Analysis BLD 3-019 Rev 4 The Bathla Group 28/11/16 Daylight Compliance BLD 3-020 Rev 4 The Bathla Group 28/11/16 Building 4 Cover Page BLD 4-000 Rev 4 The Bathla Groups 28/11/16 Basement 1 &2 floor plan BLD 4-001 Rev 4 The Bathla Group 28/11/16 Ground floor plan BLD 4-002 Rev 4 The Bathla Group 28/11/16 Level 1 and 2 Floor Plan BLD 4-003 Rev 4 The Bathla Group 28/11/16 Level 3 and 4 Floor Plan BLD 4-004 Rev 4 The Bathla Group 28/11/16 Roof Plan BLD 4-005 Rev 2 The Bathla Group 17/6/16 Communal Open Space BLD 4-006 Rev 2 The Bathla Group 17/6/16 Elevations BLD 4-007 Rev 4 The Bathla Group 28/11/16 Sections BLD 4-008 Rev 4 The Bathla Group 28/11/16 Pre & Post Adaptable Units BLD 4-009 Rev 4 The Bathla Group 28/12/16 Area Calculations BLD 4-010 Rev 4 The Bathla Group 28/11/16 Shadow Analysis BLD 4-011 Rev 4 The Bathla Group 28/11/16 Height compliance BLD 4-012 Rev 4 The Bathla Group 28/11/16 Deep Soil Calculations BLD 4-013 Rev 2 The Bathla Group 17/6/16 Materials and Schedules BLD4-014 Rev 4 The Bathla Group 28/11/16 Landscaping Plans Cover Sheet L01, R03 The Bathla Group 30.11.16 Lot 1 Ground Floor L02, R03 The Bathla Group 30.11.16 Lot 1 Roof Plan L03, R03 The Bathla Group 30.11.16 Lot 2 Ground Floor L04, R03 The Bathla Group 30.11.16 Lot 2 Ground Floor L05,R03 The Bathla Group 30.11.16 Lot 3 Ground Floor L06, R03 The Bathla Group 30.11.16 Lot 3 Ground Floor L07, R03 The Bathla Group 30.11.16 Lot 4 Ground Floor L08, R03 The Bathla Group 30.11.16 Lot 4 Roof Top L09, R03 The Bathla Group 30.11.16 Landscape Details L10, R03 The Bathla Group 30.11.16 Building 1 – Civil Engineering Plans General Notes & Legend 01303_B01_110, Revision 01 C&M Consulting Engineers 22/12/15 General Arrangement Lower Ground Floor 01303_B01_201 Revision 02 C&M Consulting Engineers 8/12/16 General Arrangement Upper Ground Floor 01303_B01_202 Revision 02 C&M Consulting Engineers 8/12/16 Bio-retention & OSD Details 01303_B01_621 Revision 02 C&M Consulting Engineers 8/12/16 Stormwater Drainage Details 01303_B01_651 C&M Consulting Engineers 22/12/15 Revision 01 Sediment & Erosion Controls 01303_B01_701 C&M Consulting Engineers 22/12/15 Revision 01 Building 2 – Civil Engineering Plans General Notes & Legend 01303_B02_110, Revision 01 C&M Consulting Engineers 22/12/15 General Arrangement Plan 01303_B02_201 Revision 02 C&M Consulting Engineers 8/12/16 Bio-retention & OSD Details 01303_B02_621 Revision 01 C&M Consulting Engineers 22/12/15 Stormwater Drainage Details 01303_B02_651 C&M Consulting Engineers 22/12/15 Revision 01 Sediment & Erosion Controls Details 01303_B02_701 C&M Consulting Engineers 22/12/15 Revision 01 Building 3 – Civil Engineering Plans General Notes & Legend 01303_B03_110, Revision 01 C&M Consulting Engineers 22/12/15 General Arrangement Plan 01303_B03_201 Revision 02 C&M Consulting Engineers 8/12/16 Bio-retention & OSD Details 01303_B03_621 Revision 02 C&M Consulting Engineers 8/12/16 Stormwater Drainage Details 01303_B03_651 C&M Consulting Engineers 22/12/15 Revision 01 Sediment & Erosion Controls Details 01303_B03_701 C&M Consulting Engineers 22/12/15 Revision 01 Building 4 – Civil Engineering Plans General Notes & Legend 01303_B04_110, Revision 01 C&M Consulting Engineers 22/12/15 General Arrangement Plan 01303_B04_201 Revision 02 C&M Consulting Engineers 8/12/16 Bio-retention & OSD Details 01303_B04_621 Revision 01 C&M Consulting Engineers 22/12/15 Stormwater Drainage Details 01303_B04_651 C&M Consulting Engineers 22/12/15 Revision 01 Sediment & Erosion Controls Details 01303_B04_701 C&M Consulting Engineers 22/12/15 Revision 01 Waste Management Report, prepared by The Baltha Group dated 16 December 2016 Updated SEPP 65 Verification Statement, dated 6 December 2016 Revised Cl.4.6 written request, prepared by The Bathla Group dated 1 December 2016 1. The applicant is to pay Council's costs pursuant to section 97B of the Environmental Planning and Assessment Act 1979 as agreed or assessed. 2. The Appeal is upheld. 3. Approval is granted to Development Application No. JRPP 16-00002 for staged construction of 4 x 6 storey residential flat buildings containing 297 units with basement car parking and multi-dwelling housing containing 21 dwellings and associated landscaping and stormwater drainage works on Lot 8 DP 39303 known as 12 Boundary Road SCHOFIELDS, subject to the conditions at Annexure "A". Acting Commissioner Hussey Annexure A (499 KB, pdf) Amendments 30 August 2018 - Annexure A (previously omitted) has now been uploaded. 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: 30 August 2018