Land and Environment Court New South Wales Medium Neutral Citation: Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1444 Hearing dates: Conciliation conference on 14, 28 July 2017 Date of orders: 21 August 2017 Decision date: 21 August 2017 Jurisdiction: Class 1 Before: Brown C Decision: See (5) below Catchwords: DEVELOPMENT APPLICATION: erection of a residential flat building; conciliation conference; agreement between the parties; orders Legislation Cited: Environmental Planning and Assessment act 1979 Land and Environment Court Act 1979 Category: Principal judgment Parties: Universal Property Group Pty Ltd (Applicant) Blacktown City Council (Respondent) Representation: Solicitor: Mr C McFadzean, Swaab Attorneys (Applicant) Mr D Loether, Bartier Perry (Respondent) File Number(s): 2017/69602 Publication restriction: No Judgment 1. COMMISSIONER: This is an appeal against the refusal Development application No. JRPP-16-03332 for the erection of a residential flat building containing 123 units and incorporating basement car parking, stormwater works and landscaping works on approved Lot 16F in the subdivision of Lot 16 DP 31797 Pelican Road, Schofields 2. 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". 3. 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. 4. 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. 5. 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 amend Development Application No. JRPP-16-03332 by relying on the following plans and documents: Drawing reference Title Prepared by Date 16F 000 Rev E Cover Page The Bathla Group 31 July 2017 16F 001 Rev E Compliance Table 16F 002 Rev B Location Plan 31 March 2017 16F 003 Rev B Site Analysis 16F 004 Rev C Site Plan 31 July 2017 16F 005 Rev E Basement 16F 006 Rev F Lower Ground 16F 007 Rev D Ground 16F 008 Rev D Level 1 16F 009 Rev D Level 2 16F 010 Rev D Level 3 16F 011 Rev E Level 4 16F 012 Rev E Roof 16F 013 Rev D Sections AA & BB 21 July 2017 16F 014 Rev C Driveway Sections 16F 015 Rev E North & South Elevations 31 July 2017 16F 016 Rev E East & West Elevations 16F 017 Rev C Materials and Finishes 21 July 2017 16F 018 Rev C Height Study 7 July 2017 16F 019 Rev C Shadow Analysis and COS Analysis 31 July 2017 16F 020 Rev E Daylight Compliance and Cross Ventilation 16F 021 Rev E Area Calc – FSR 16F 022 Rev D Area Calc – Deep Soil, Landscaped & COS 16F 023 Rev B Perspective Views 16F 025 Rev C Pathway to Bin Room 21 July 2017 16F 026 Rev B Site Coverage 7 July 2017 16F 027 Rev A Shadow diagram 4 August 2017 LP-DA01 Rev C Concept Landscape Plan 27 July 2017 LP-DA02 Rev C Landscape Specification LP-DA03 Rev C Landscape Details BASIX Certificate No. 751192M_02 dated 10 August 2017 1. The clause 4.6 exception prepared by Boston Blyth Fleming and dated 31 July 2017, for a variation of the Height of Building development standard under State Environmental Planning Policy (Sydney Growth Centres) 2006, is upheld. 2. The Applicant is to pay the Respondent's costs as agreed or assessed pursuant to section 97B of the Environmental Planning and Assessment Act 1979. 3. Development application No. JRPP-16-03332 for the erection of a residential flat building containing 123 units and incorporating basement car parking, stormwater works and landscaping works on approved Lot 16F in the subdivision of Lot 16 DP 31797 (Pelican Road, Schofields) is approved subject to conditions of consent set out in Annexure A. ………………………. Commissioner Brown 69602.16 Brown (C) (481 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: 21 August 2017