Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1394

Land and Environment Court New South Wales

Medium Neutral Citation: Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1394 Hearing dates: Conciliation conference on 16 June, 3, 12, 21 July 2017 Date of orders: 21 July 2017 Decision date: 21 July 2017 Jurisdiction: Class 1 Before: Gray 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, SWAAB Attorneys (Applicant) Mr D Loether, Bartier Perry(Respondent) File Number(s): 2017/51115 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 Applicant is granted leave to rely upon the following amended plans: Drawing Title Drawing Number Prepared by Date Site Plan DA02 Rev D The Bathla Group 19/05/2017 Ground Floor Plan Part 1 DA03 Rev D The Bathla Group 19/05/2017 Ground Floor Plan Part 2 DA04 Rev D The Bathla Group 19/05/2017 Ground Floor Plan Part 3 DA05 Rev D The Bathla Group 19/05/2017 Ground Floor Plan Part 4 DA06 Rev D The Bathla Group 19/05/2017 First Floor Plan Part 1 DA07 Rev D The Bathla Group 19/05/2017 First Floor Plan Part 2 DA08 Rev D The Bathla Group 19/05/2017 First Floor Plan Part 3 DA09 Rev D The Bathla Group 19/05/2017 First Floor Plan Part 4 DA10 Rev D The Bathla Group 19/05/2017 Elevations-1 DA11 Rev D The Bathla Group 19/05/2017 Elevations-2 DA12 Rev D The Bathla Group 19/05/2017 Elevations-3 and Sections DA13 Rev D The Bathla Group 19/05/2017 Shadow Analysis-1 DA14 Rev D The Bathla Group 19/05/2017 Shadow Analysis-2 DA15 Rev D The Bathla Group 19/05/2017 Concept Landscape Plan LP 01/02 Issue R03 Universal Property Group 21/06/2017 Concept Landscape Plan LP 02/02 Issue R03 Universal Property Group 21/06/2017 General Layout Plan Notes & Legend 16-24 ID 001 Rev D Orion Consulting Engineers 03/07/17 Site Regrading Plan 16-24 ID 003 Rev D Orion Consulting Engineers 03/07/17 Sediment & Erosion Control Plan 16-24 ID 010 Rev D Orion Consulting Engineers 03/07/17 Sediment & Erosion Control Notes and Details 16-24 ID 011 Rev D Orion Consulting Engineers 03/07/17 Retaining wall & Pad Plan – Sheet 01 of 03 16-24 ID 016 Rev D Orion Consulting Engineers 03/07/17 Retaining wall & Pad Plan – Sheet 02 of 03 16-24 ID 017 Rev D Orion Consulting Engineers 03/07/17 Retaining wall & Pad Plan – Sheet 03 of 03 16-24 ID 018 Rev D Orion Consulting Engineers 03/07/17