Land and Environment Court New South Wales Medium Neutral Citation: Universal Property Group Pty Ltd v Blacktown Council [2017] NSWLEC 1483 Hearing dates: Conciliation conference on 19 July 2017 Date of orders: 31 August 2017 Decision date: 31 August 2017 Jurisdiction: Class 1 Before: Dickson C Decision: See [5] below Catchwords: DEVELOPMENT APPEAL under s97(1) against refusal of application for two new residential flat buildings - amended design- agreement between the parties - orders Legislation Cited: Land and Environment Court Act 1979 Environmental Planning and Assessment Act 1979 Cases Cited: Nil Category: Principal judgment Parties: Universal Property Group Pty Ltd (Applicant) Blacktown Council (Respondent) Representation: Solicitors: Swaab Attorneys (Applicant) Bartier Perry Lawyers (Respondent) File Number(s): 2017/0070962 ​ Judgment 1. COMMISSIONER: This is an appeal, under s97(2) of the Environmental Planning and Assessment Act 1979, against the deemed refusal of development application number JRPP-16-03342. The application seeks approval erection of two residential flat buildings containing 147 units on approved lots 16D and 16E 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, 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 are: 1. The appeal is upheld. 2. The Applicant is granted leave to rely upon the following amended material, copies of which are behind Annexure "A": Drawing reference Title Prepared by Date 16D&E-000, Rev C Cover Page The Bathla Group 13 July 2017 16D&E-001, Rev C Compliance Table The Bathla Group 13 July 2017 16D&E-002, Rev B Location Plan The Bathla Group 31 May 2017 16D&E-003, Rev B Site Analysis The Bathla Group 31 May 2017 16D&E-004, Rev B Site Plan The Bathla Group 31 May 2017 16D&E-005, Rev E Plan – Basement 2 The Bathla Group 4 August 2017 16D&E-006, Rev E Plan – Basement 1 The Bathla Group 4 August 2017 16D&E-007, Rev D Plan – Ground The Bathla Group 4 August 2017 16D&E-008, Rev C Plan – Level 1 The Bathla Group 4 August 2017 16D&E-009, Rev C Plan – Level 2 The Bathla Group 4 August 2017 16D&E-010, Rev C Plan – Level 3 The Bathla Group 4 August 2017 16D&E-011, Rev D Plan - Level 4 The Bathla Group 4 August 2017 16D&E-012, Rev D Plan – Roof The Bathla Group 4 August 2017 16D&E-013, Rev C Sections – AA + BB The Bathla Group 13 July 2017 16D&E-014, Rev B Driveway sections The Bathla Group 31 May 2017 16D&E-015, Rev D Elevations – North & South The Bathla Group 4 August 2017 16D&E-016, Rev D Elevations – East & West The Bathla Group 4 August 2017 16D&E-017, Rev C Materials and Finishes The Bathla Group 4 August 2017 16D&E-018, Rev C Height Study The Bathla Group 13 July 2017 16D&E-019, Rev C Shadow Analysis & C.O.S Analysis The Bathla Group 4 August 2017 16D&E-020, Rev D Daylight Compliance & Cross Ventilation The Bathla Group 4 August 2017 16D&E-021, Rev D Area Calc. – FSR The Bathla Group 4 August 2017 16D&E-022, Rev C Area Calc. – Deep Soil, Landscaped & C.O.S The Bathla Group 13 July 2017 16D&E-025, Rev C Path Way to Bin Room The Bathla Group 13 July 2017 16D&E-027, Rev C Site Coverage The Bathla Group 4 August 2017 16D&E-028, Rev A Shadow Diagram The Bathla Group 4 August 2017 LP-DA 01, Rev C Concept Landscape Plan The Bathla Group 7 August 2017 LP-DA 02, Rev C Landscape Specification The Bathla Group 7 August 2017 LP-DA 03, Rev C Landscape Details The Bathla Group 7 August 2017 BASIX Certificate Number 757631M_03 1. The Applicant's clause 4.6 written request prepared by GLN planning Consulting Strategy for a variation of the Height of Building development standard under State Environmental Planning Policy (Sydney Growth Centres) 2006, a copy of which is behind Annexure "B", 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. Development application No. JRPP-16-03342 for the erection of 2 residential flat buildings containing 147 units on approved lots 16D and 16E in the subdivision of Lot 16 DP 31797 (Pelican Road, Schofields) including stormwater drainage and landscaping is approved subject to the conditions of consent set out in Annexure "C". ……………. D M Dickson Commissioner of the Court 70962.17 Dickson - Annexure A (16.7 MB, pdf) 70962.17 Dickson - Annexure B (493 KB, pdf) 70962.17 Dickson - Annexure C (536 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: 05 September 2017