Land and Environment Court New South Wales Medium Neutral Citation: Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1460 Hearing dates: Conciliation conference on 7, 28 July & 11 August 2017 Date of orders: 25 August 2017 Decision date: 25 August 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 Attorneys (Applicant) Mr C Drury, Sparke Helmore (Respondent) File Number(s): 2017/63177 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 amend the development application to include tree removal and to rely upon the following amended material as attached at Annexure "A": Drawing No. and Issue Drawing Title Prepared by Date of Plan DA 00 Cover Sheet Ryleton Pty Ltd trading as Architex Undated DA 01, Issue J Site Analysis Ryleton Pty Ltd trading as Architex 17 July 2017 DA 02, Issue L Basement Level 2 Ryleton Pty Ltd trading as Architex 2 July 2017 DA 03, Issue L Basement Level 1 Ryleton Pty Ltd trading as Architex 2 July 2017 DA 04, Issue L Ground Floor Level Ryleton Pty Ltd trading as Architex 2 July 2017 DA 05, Issue J Level 1 Ryleton Pty Ltd trading as Architex 17 July 2017 DA 06, Issue J Level 2 Ryleton Pty Ltd trading as Architex 17 July 2017 DA 07, Issue J Level 3 Ryleton Pty Ltd trading as Architex 17 July 2017 DA08, Issue J Roof Level Ryleton Pty Ltd trading as Architex 17 July 2017 DA 09, Issue J Site Elevations Ryleton Pty Ltd trading as Architex 17 July 2017 DA 10, Issue L Site Elevations Ryleton Pty Ltd trading as Architex 2 July 2017 DA 11, Issue L Site Sections Ryleton Pty Ltd trading as Architex 2 July 2017 DA 12, Issue J Block A – Elevations Ryleton Pty Ltd trading as Architex 17 July 2017 DA 13, Issue J Block B – Elevations Ryleton Pty Ltd trading as Architex 17 July 2017 DA 14, Issue J Block C – Elevations Ryleton Pty Ltd trading as Architex 17 July 2017 DA 15, Issue J Block D – Elevations Ryleton Pty Ltd trading as Architex 17 July 2017 DA 16, Issue J Block E – Elevations Ryleton Pty Ltd trading as Architex 17 July 2017 DA 17, Issue J Block F – Elevations Ryleton Pty Ltd trading as Architex 17 July 2017 DA 18, Issue J Cross Sections Blocks E – F Ryleton Pty Ltd trading as Architex 17 July 2017 DA 19, Issue J Block A – Typical Level Ryleton Pty Ltd trading as Architex 17 July 2017 DA 20, Issue J Block B – Typical Level Ryleton Pty Ltd trading as Architex 17 July 2017 DA 21, Issue J Block C – Typical Level Ryleton Pty Ltd trading as Architex 17 July 2017 DA 22, Issue J Block D – Typical Level Ryleton Pty Ltd trading as Architex 17 July 2017 DA 23, Issue J Block E – Typical Level Ryleton Pty Ltd trading as Architex 17 July 2017 DA 24, Issue J Bock F – Typical Level Ryleton Pty Ltd trading as Architex 17 July 2017 DA 25, Issue J Shadows 9 AM Ryleton Pty Ltd trading as Architex 17 July 2017 DA 26, Issue J Shadows 12 Noon Ryleton Pty Ltd trading as Architex 17 July 2017 DA 27, Issue J Shadows 3 PM Ryleton Pty Ltd trading as Architex 17 July 2017 DA 28, Issue L Garbage + Mail details Ryleton Pty Ltd trading as Architex 2 July 2017 DA 29, Issue L Deep Soil Calculation Ryleton Pty Ltd trading as Architex 2 July 2017 DA 30, Issue L Landscaping Calculation Ryleton Pty Ltd trading as Architex 2 July 2017 DA 31, Issue L Communal Space Calculation Ryleton Pty Ltd trading as Architex 2 July 2017 DA 32, Issue J Site Coverage Calculation Ryleton Pty Ltd trading as Architex 17 July 2017 DA 33, Issue L FSR Calculation Ryleton Pty Ltd trading as Architex 2 July 2017 DA 34, Issue L FSR Calculation Ryleton Pty Ltd trading as Architex 2 July 2017 DA 35, Issue J Cut & Fill Plan Ryleton Pty Ltd trading as Architex 17 July 2017 DA 36, Issue J Café Detail Plan Ryleton Pty Ltd trading as Architex 17 July 2017 DA 37, Issue K C.O.S Shadow Diagrams Ryleton Pty Ltd trading as Architex 27 July 2017 DA 38, Issue L Height Plane Ryleton Pty Ltd trading as Architex 2 July 2017 1254.L.00, Issue C Landscape Overall Plan Greenland Design Pty Ltd August 2017 1254.L.01, Issue C Landscape Plan – Block A Greenland Design Pty Ltd August 2017 12554.L.02, Issue C Landscape Plan – Block B Greenland Design Pty Ltd August 2017 1254.L.03, Issue C Landscape Plan – Block C Greenland Design Pty Ltd August 2017 1254.L.04, Issue C Landscape Plan – Block D Greenland Design Pty Ltd August 2017 1254.L.05, Issue C Landscape Plan – Block E Greenland Design Pty Ltd August 2017 1254.L.06, Issue C Landscape Plan – Block F Greenland Design Pty Ltd August 2017 1254.L.07, Issue C Landscape Details & Specification Greenland Design Pty Ltd August 2017 1. The Applicant's cl.4.6 written request to vary the height limit is upheld. 2. The Applicant is to pay the Respondent's costs under section 97B of the Environmental Planning Assessment Act 1979 as agreed or assessed. 3. Deferred commencement consent is granted to DA No. JRPP 16-3325 for the proposed subdivision of Lot 210 in DP 208203 into two lots, the staged construction of six residential flat buildings resulting in 310 apartments, including basement car parking, roadworks, storm water detention, tree removal and landscaping works on land known as 25 Terry Road, Rouse Hill, subject to the conditions in Annexure 'B'. ………………………. Senior Commissioner Martin 63177.17 Martin - Annexure A - Architectural plans - 25 Terry Road (19.5 MB, pdf) 63177.17 Martin (C) Annexure B (618 KB, pdf) Amendments 03 April 2018 - Pursuant to UCPR 36.17, the slip rule, amend orders of 25 August 2017 so that attached Conditions - Annexure B - refer to the correct lot number on the front page. 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: 03 April 2018