Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1318

Land and Environment Court New South Wales

Medium Neutral Citation: Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1318 Hearing dates: Conciliation Conference on 8 June 2017 Date of orders: 15 June 2017 Decision date: 15 June 2017 Jurisdiction: Class 1 Before: Martin SC Decision: See (4) below Catchwords: DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: Universal Property Group Pty Ltd (Applicant) Blacktown City Council (Respondent) Representation: Ms J Reid, Barrister (Applicant) Solicitor: Ms E Fleming, Swaab Attorneys (Applicant) Mr M Bonanno, Lindsay Taylor Lawyers (Respondent) File Number(s): 2017/51022 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 rely upon the amended plans listed in conditions 2.1.1 and 4.1.3. 3. The Applicant is to pay the Respondent's costs under s.97B of the Environmental Planning Assessment Act 1979 as agreed or assessed. 4. Development Application No. 16-04983 is approved for the subdivision of Lot 30 in DP 262886 resulting in five residential 'Super' lots (Lots 2-6), six business park lots in the B7 zone (Lots 8-12), two residue lots (Lot 13 and 14), and two lots in the SP2 zone (Lot 1 and Lot 15), with associated tree removal, construction of public roads, storm water drainage works and proposed basin on the SP2 zone lot, subject to the conditions at Annexure A. ……………. Rosemary Martin Senior Commissioner of the Court 51022.17 (Conditions) (394 KB, 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: 22 June 2017