Land and Environment Court New South Wales Medium Neutral Citation: Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1168 Hearing dates: Conciliation conference on 20 December 2016, 3 February and 3 March 2017 Date of orders: 31 March 2017 Decision date: 31 March 2017 Jurisdiction: Class 1 Before: Morris 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) BLACKTOWN CITY COUNCIL (Respondent) Representation: Solicitor: Ms E, Fleming, Herbert Geer (Applicant) Mr D, Creais, Bartier Perry (Respondent) File Number(s): 2016/274920 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 No. JRPP 16-03317 and to rely upon the following amended plans and further documents: Issue F Cover Page 12.01.17 DA00, Issue F Site Analysis 12.01.17 DA01, Issue I Site and Staging Plan 17.02.17 DA02, Issue J Basement level 2 22.02.17 DA 03, Issue J Basement Level 1 22.02.17 DA04, Issue I Ground Floor Level 17.02.17 DA05, Issue I Level 1 17.02.17 DA06, Issue I Level 2 17.02.17 DA07, Issue I Level 3 17.02.17 DA08, Issue I Roof Level 17.02.17 DA09, Issue I Site Elevations 17.02.17 DA10, Issue I Site Elevations 17.02.17 DA11, Issue I Site Elevations 17.02.17 DA12, Issue F Site Sections 12.01.17 DA13, Issue F Site Details 12.01.17 DA14, Issue D Typical Unit Layouts (Block A) 28.06.16 DA15, Issue F Typical Unit Layouts (Blocks B+C+D+E) 12.01.17 DA16, Issue F Typical Unit Layouts (Block F) 12.01.17 DA17, Issue F Typical Units Layouts (Block G) 12.01.17 DA18 to DA20, Issue F Shadow Diagrams 21st June 12.01.17 DA21, Issue F Waste Management Plan 12.01.17 DA22 to DA23, Issue F Mass Model Images 12.01.17 DA24, Issue F Schedule of Finishes 12.01.17 DA25, Issue F Deep Soil Calculation 12.01.17 DA26, Issue F Landscaping Calculation 12.01.17 DA27, Issue F Communal space calculation 12.01.17 DA28 to DA31, Issue F Shadow Diagrams 21st June 12.01.17 DA32 to DA38, Issue F Solar Access Diagrams - 12.01.17 LP01, R02 Cover Sheet 27.01.17 LP02, R02 Concept Landscape Plan 27.01.17 LP03, R02 Landscape Details 27.01.17 01588_DA_100 Cover Sheet 15.04.16 01588_DA_110, R01 General Notes 20.02.17 01588_DA_201, R04 General Arrangement Plan 20.02.17 01588_DA_210 General Arrangement – Basement Level 2 20.01.17 R03 01588_DA_211, R03 General Arrangement – Basement Level 1 20.01.17 01588_DA_212, R01 General Arrangement – Ground Floor Plan 20.01.17 01588_DA_231, R02 External Works Bulk Earthworks Plan 13.12.16 01588_DA_232, R01 Internal Works Bulk Earthworks Plan 14.04.16 01588_DA_301, R02 Longitudinal Sections – Grange Ave & Road No.1 13.12.16 01588_DA_302, R02 Longitudinal Sections – Grange Ave & Road No.2 and 3 13.12.16 01588_DA_401, R03 Typical Sections – Sheet 1 20.02.17 01588_DA_601, R01 Catchment Plan 14.04.16 01588_602, R01 External Catchment Plan 12.12.16 015588_DA_621, R01 On-Site Detention Tank 1 Plan, Sections & Details 14.04.16 01588_DA_622, R02 Bio Detention Basin 1 Plan, Sections & Details 20.01.17 01588_DA_623, Bio Detention Basin 2 Plan, Sections & Details 20.01.17 R02 01588_DA_624, R02 Bio Detention Basin 3 Plan, Sections & Details 20.01.17 01588_DA_625, R01 OSD & Bio Detention Details 14.04.16 01588_DA_651, R01 Stormwater Outlet Details 13.12.16 01588_DA_701, R02 Sediment & Erosion Managements Plan 13.12.16 01588_DA_702, R01 Sediment & Erosion Management Details 14.04.16 Waste Management Report, Issue 02, March 2017 SEPP 65 Design Verification Statement dated 6 March 2017 Request under cl.4.6 of Appendix 12 within the Growth Centres State Environmental Planning Policy (Sydney Region Growth Centres) 2006 dated 2 February 2017 Detailed Contamination Site Investigation Report, 16 December 2016 1. The Applicant is to pay the Respondent's costs under s.97B of Environmental Planning and Assessment Act 1979, as agreed or assessed. 2. The Clause 4.6 written variation dated 2 February 2017 for a variation to the height development standard is upheld. 3. Deferred commencement approval is granted to Development Application No. JRPP 16-03317 for the consolidation of two (2) allotments (Lot 14 and Lot 15 in DP802880) and the construction of seven (7) residential flat buildings consisting of 257 units with basement car parking, construction of public roads, storm water drainage, tree removal and landscaping works on land known as 206 to 208 Grange Avenue, Marsden Park, subject to the conditions at Annexure A. ………………………. Commissioner Morris 274920.16 Morris - (C) (325 KB, pdf) 274920.16 Morris - Plans (18.4 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: 31 March 2017