Land and Environment Court New South Wales Medium Neutral Citation: Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1272 Hearing dates: Conciliation conference on 29 May 2017 Date of orders: 31 May 2017 Decision date: 31 May 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: Counsel: Ms J Reid (Applicant) Solicitors: Ms R Fleming Swaab Attorneys (Applicant) Mr D Loether Bartier Perry (Respondent) File Number(s): 202071/2016 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, 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 further amend Development Application No. JRPP-16-03309 (previously amended by the Court on 7 March 2017) and to rely upon the following amended plans and documents: Drawing No. Drawing Name Prepared by Date DA LOT 1-05, Rev 5 Ground Plan The Bathla Group 25 November 2016 DA LOT 2A-23, Rev 7 Ground Plan & Plan Lvl 1 The Bathla Group 5 May 2017 DA LOT 2A-26, Rev 6 Elevations The Bathla Group 5 May 2017 DA LOT 2A-27, Rev 5 Elevations The Bathla Group 5 May 2017 DA LOT 2B-38 Ground Plan The Bathla Group 10 May 2017 PS01-A000, Rev B Cover Sheet Martens & Associates Pty Ltd 18 May 2017 PS01-A050, Rev A Development Overview Plan Martens & Associates Pty Ltd 18 May 2017 PS01-A100, Rev A Survey Plan Martens & Associates Pty Ltd 18 May 2017 PS01-B300, Rev A Sediment and Erosion Control Plan Martens & Associates Pty Ltd 18 May 2017 PS01-B310, Rev A Sediment and Erosion Control Details Martens & Associates Pty Ltd 18 May 2017 PS01-B320, Rev A Demolition Plan Martens & Associates Pty Ltd 18 May 2017 PS01-C500, Rev A Earthworks Analysis Plan Martens & Associates Pty Ltd 18 May 2017 PS01-C600, Rev A Earthworks Site Section Martens & Associates Pty Ltd 18 May 2017 PS01-D100, Rev A Roadworks Feature Plan Martens & Associates Pty Ltd 18 May 2017 PS01-D200, Rev A Road Longitudinal Sections Sheet 1 of 2 Martens & Associates Pty Ltd 18 May 2017 PS01-D205, Rev A Road Longitudinal Sections Sheet 2 of 2 Martens & Associates Pty Ltd 18 May 2017 PS01-D300, Rev A Road Intersection Sheet 1 of 2 Martens & Associates Pty Ltd 18 May 2017 PS01-D305, Rev A Road Intersection Sheet 2 of 2 Martens & Associates Pty Ltd 18 May 2017 PS01-D500, Rev A Road 1 Cross Sections Sheet 1 of 5 Martens & Associates Pty Ltd 18 May 2017 PS01-D505, Rev A Road 2 Cross Sections Sheet 2 of 5 Martens & Associates Pty Ltd 18 May 2017 PS01-D510, Rev A Road 3 Cross Sections Sheet 3 of 5 Martens & Associates Pty Ltd 18 May 2017 PS01-D515, Rev A Road 4 Cross Sections Sheet 4 of 5 Martens & Associates Pty Ltd 18 May 2017 PS01-D520, Rev A Typical Road Cross Sections Sheet 5 of 5 Martens & Associates Pty Ltd 18 May 2017 PS01-E100, Rev B Drainage Layout Plan Martens & Associates Pty Ltd 18 May 2017 PS01-E200, Rev B OSD Tank 1B Plan & Details Martens & Associates Pty Ltd 18 May 2017 PS01-E202, Rev B OSD Tank1B Details Martens & Associates Pty Ltd 18 May 2017 PS01-E204, Rev B Water Quality Tank Details Martens & Associates Pty Ltd 18 May 2017 PS01-E206, Rev B OSD Tank 4 Plan & Details Martens & Associates Pty Ltd 18 May 2017 PS01-E208, Rev B OSD Tank 2B Plan & Details Martens & Associates Pty Ltd 18 May 2017 PS01-E210, Rev B OSD Tank 2B Details Martens & Associates Pty Ltd 18 May 2017 PS01-E300, Rev B Drainage Longitudinal Sections – Minor (5Yr ARI) (Sheet 01) Martens & Associates Pty Ltd 18 May 2017 PS01-E305, Rev B Drainage Longitudinal Sections – Minor (5Yr ARI) (Sheet 02) Martens & Associates Pty Ltd 18 May 2017 PS01-E310, Rev B Drainage Longitudinal Sections – Minor (5Yr ARI) (Sheet 03) Martens & Associates Pty Ltd 18 May 2017 PS01-E400, Rev B Drainage Catchment Plan Martens & Associates Pty Ltd 18 May 2017 PS01-E500, Rev A Drainage Hydraulic Results Martens & Associates Pty Ltd 3 May 2017 PS01-E510, Rev A Drainage Hydraulic Results Martens & Associates Pty Ltd 3 May 2017 PS01-E600, Rev A OSD Catchment Plan Martens & Associates Pty Ltd 3 May 2017 PS01-E610, Rev B OSD Catchment Model & Results Martens & Associates Pty Ltd 18 May 2017 PS01-E700, Rev A Water Quality Catchment Plan, Model & Results Martens & Associates Pty Ltd 18 May 2017 PS01-G200, Rev A Retaining Wall Details Martens & Associates Pty Ltd 18 May 2017 PS01-G210, Rev A Retaining Wall Longitudinal Sections Martens & Associates Pty Ltd 18 May 2017 PS01-G410, Rev A Pavement Details Martens & Associates Pty Ltd 18 May 2017 PS01-G400, Rev A Pavement Plan Martens & Associates Pty Ltd 18 May 2017 PS01-ZZ00, Rev A General Notes (Sheet 1) Martens & Associates Pty Ltd 3 May 2017 PS01-ZZ01, Rev A General Notes (Sheet 2) Martens & Associates Pty Ltd 3 May 2017 PS01-ZZ02, Rev A General Notes (Sheet 3) Martens & Associates Pty Ltd 3 May 2017 PS01-ZZ03, Rev A General Notes (Sheet 4) Martens & Associates Pty Ltd 3 May 2017 1. The Applicant is to pay the Respondent's costs under section 97B of the Environmental Planning and Assessment Act 1979, as agreed or assessed; 2. The Clause 4.6 Exception, dated October 2016 for a variation to the maximum height of buildings development standard, is upheld. 3. Development Application No. JRPP-16-03309 (as amended) for the consolidation of 3 allotments (Lots 4, 3 and 2 in Deposited Plan 1206952) and the development of the super lot comprising 64 residential flat building units on Lot 1, 62 residential flat building units on Lot 2A, 114 residential flat building units on Lot 2B, 5 Torrens title lots on Lot 3 and 9 Torrens title lots on Lot 4, with construction of associated private and public roads, stormwater drainage and tree removal on land known as 143, 149 and 155 South Street, Marsden Park, be approved subject to the conditions at Annexure A. ……………. Commissioner Morris Annexure A (C - Slip Rule) Amendments 16 July 2018 - Pursuant to UCPR 36.17, the slip rule, amend the judgment made on 31 May 2017 by substituting the attached amended conditions in lieu of those attached to the orders made on 31 May 2018. 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: 16 July 2018