Land and Environment Court New South Wales Medium Neutral Citation: Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1375 Hearing dates: Conciliation conference on 19 June & 7 July 2017 Date of orders: 18 July 2017 Decision date: 18 July 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 Category: Principal judgment Parties: UNIVERSAL PROPERTY GROUP PTY LTD (Applicant) BLACKTOWN CITY COUNCIL (Respondent) Representation: Solicitor: Ms E Fleming, SWAAB Lawyers (Applicant) Ms J Corrandini-Bird, Marsdens Law Group (Respondent) File Number(s): 2017/51114 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. Leave is granted to substitute the following plans for the plans and documents that are the subject of Development Application No. JRPP-16-03340: Drawing No. Name Revision Drawn By Date A0001 Compliance Table D The Bathla Group June 2017 A0005 Site Plan C The Bathla Group June 2017 A0006 Plan – Basement 3 and Basement 2 B The Bathla Group June 2017 A0007 Plan – Basement 1 and Ground D The Bathla Group June 2017 A0008 Plan – Level 1 and Level 2 C The Bathla Group June 2017 A0009 Plan – Level 3 and Levels 4-9 B The Bathla Group June 2017 A0010 Plan – Levels 10-15 and Level 16 B The Bathla Group June 2017 A0011 Plan – Level 17 and Roof Terrace D The Bathla Group June 2017 A0020 Sections – AA & BB B The Bathla Group June 2017 A0021 Sections – Ramps B The Bathla Group June 2017 A0023 Balcony Balustrade & Louvre Screen Details A The Bathla Group June 2017 A0030 Elevations – Wast and North C The Bathla Group June 2017 A0031 Elevations – West and South B The Bathla Group June 2017 A0032 Street Elevation B The Bathla Group June 2017 A0052 Area Calculation Floor Space Ratio D The Bathla Group June 2017 A0054 Area Calculation communal open space C The Bathla Group June 2017 A0055 Height Limit Diagram A The Bathla Group June 2017 A0071 Photomontage B The Bathla Group June 2017 A0072 Photomontage A The Bathla Group June 2017 6841 Detail and Level Survey B SDG 21 June 2016 C-00-001 Cover Sheet and Drawing List 03 Arcadis 9 June 2017 C-00-002 General Notes 03 Arcadis 9 June 2017 C-00-101 Erosion and Sediment Control Plan 03 Arcadis 9 June 2017 C-00-201 Civil Works and Stormwater Plan 04 Arcadis 9 June 2017 C-00-251 Civil and Stormwater Works Details Sheet 1 03 Arcadis 9 June 2017 C-00-252 Civil and Stormwater Works Details Sheet 2 03 Arcadis 9 June 2017 Document No. Document Name Revision Prepared By Dated 760023M_03 BASIX Certificate 14 July 2017 Clause 4.6 Variation Request Boston Blyth Fleming Town Planners 22 June 2017 610.16743-R02 Qualitative Wind Assessment 0 SLR 18 May 2017 1. In accordance with section 97B of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away as agreed or assessed. 2. The appeal is upheld. 3. The Applicant's written requested pursuant to clause 4.6 of Blacktown Local Environmental Plan 2015 is upheld. 4. Development application No. JRPP-16-03340 for the construction of an 18 storey mixed use development, containing 9 retail/commercial units on the ground and first floors, 133 residential apartments (58 x 1 bedroom, 58 x 2 bedroom and 17 x 3 bedroom) above 3 basement levels containing 136 car parking spaces and associated landscaping and stormwater drainage works on Lot 734 DP 1031601 known as 12 Second Avenue, Blacktown is approved subject to the conditions contained in Annexure "A". ………………………. Senior Commissioner Martin 51114.17 Martin (C) (487 KB, pdf) 51114.17 Martin - Plans - Part 1 - 12 Second Avenue Blacktown - Plans (4.95 MB, pdf) 51114.17 Martin - Plans - Part 2 - 12 Second Avenue Blacktown - Plans (4.96 MB, pdf) 51114.17 Martin - Plans - Part 3 - 12 Second Avenue Blacktown - Plans (3.34 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: 18 July 2017