Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1233

Land and Environment Court New South Wales

Medium Neutral Citation: Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1233 Hearing dates: Conciliation Conference 8 May 2017 Date of orders: 08 May 2017 Decision date: 08 May 2017 Jurisdiction: Class 1 Before: Smithson 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: Counsel: Mr P Clay (Applicant) Solicitors: E Fleming, SWAAB Attorneys (Applicant) T O'Connor, Houston Dearn O'Connor (Respondent) File Number(s): 2016/204258 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 rely upon the following amended plans: Drawing Title Drawing Number Prepared by Date Subdivision Plan 02/02 Issue 9 The Bathla Group 03.05.17 Earthworks sections Sheet 2 of 2 248906-0001-DRG-CC-0006 Issue C Aurecon 11.04.17 General Arrangement Plan Sheet 1 of 5, sheet 2 of 5, Sheet 3 of 5 and sheet 4 of 5 248906-0001-DRG-CC-0040 to 0043 Issue C Aurecon 11.04.17 Roadworks, Road 1 cross Sections sheet 4 of 6, sheet 5 of 6 248906-0001-DRG-CC-0063 and 0064 Issue C Aurecon 13.04.17 Roadworks, Road 2 cross Sections sheet 7 of 12, sheet 8 of 12, sheet 9 of 12 248906-0001-DRG-CC-0072 to 248906-0001-DRG-CC-0074 Issue C Aurecon 11.4.17 Roadworks Intersection Details Sheet 1 of 25 248906-0001-DRG-CC-0090 Issue C Aurecon 13.4.17 Roadworks Intersection Details sheet 10 of 25 248906-0001-DRG-CC-0099 Issue C Aurecon 13.4.17 Roadworks Intersection Details Sheet 12 of 25 248906-0001-DRG-CC-0101 Issue C Aurecon 13.4.17 Roadworks Intersection Details Sheet 14 of 25 248906-0001-DRG-CC-0103 Issue C Aurecon 13.4.17 Roadworks Intersection Details Sheet 17 of 25 248906-0001-DRG-CC-0106 Issue C Aurecon 13.04.17