Land and Environment Court New South Wales Medium Neutral Citation: Universal Property Group Pty Ltd v Blacktown Council [2017] NSWLEC 1484 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 three 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): 2017/0073106 Publication restriction: No ​ 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-16-03341. The application seeks approval erection of three residential flat buildings containing 149 units on approved lots 16C 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 16C-000, Rev D Cover Page The Bathla Group 4 August 2017 16C-001, Rev C Compliance Table The Bathla Group 30 June 2017 16C-002, Rev B Location Plan The Bathla Group 23 May 2017 16C003, Rev B Site Analysis The Bathla Group 23 May 2017 16C-004,Rev B Site Plan The Bathla Group 23 May 2017 16C-005, Rev D Plan – Basement 2 The Bathla Group 4 August 2017 16C-006, Rev E Plan – Basement 1 The Bathla Group 4 August 2017 16C-007, Rev D Plan – Ground The Bathla Group 4 August 2017 16C-008, Rev D Plan – Level 1 The Bathla Group 4 August 2017 16C-009, Rev D Plan – Level 2 The Bathla Group 4 August 2017 16C-010, Rev D Plan – Level 3 The Bathla Group 4 August 2017 16C-011, Rev D Plan - Level 4 The Bathla Group 4 August 2017 16C-012, Rev D Plan – Level 5 The Bathla Group 4 August 2017 16C-013, Rev D Plan – Roof The Bathla Group 4 August 2017 16C-014, Rev C Sections – AA + BB The Bathla Group 4 August 2017 16C-015, Rev C Driveway sections The Bathla Group 4 August 2017 16C-016, Rev D Elevations – North & South The Bathla Group 4 August 2017 16C-017, Rev D Elevations – East & West The Bathla Group 4 August 2017 16C-018, Rev C Materials and Finishes The Bathla Group 4 August 2017 16C-019, Rev C Height Study The Bathla Group 4 August 2017 16C-020, Rev C Shadow Analysis & C.O.S Analysis The Bathla Group 4 August 2017 16C-021, Rev C Daylight Compliance & Cross Ventilation The Bathla Group 4 August 2017 16C-022, Rev C Area Calc. – FSR The Bathla Group 30 June 2017 16C-023, Rev B Area Calc. – Deep Soil, Landscaped & C.O.S The Bathla Group 23 May 2017 16C-026, Rev C Path Way to Bin Room The Bathla Group 4 August 2017 16C-027, Rev B Site Coverage The Bathla Group 30 June 2017 16C-029, Rev A Cut and Fill The Bathla Group 23 May 2017 16C-030, Rev A Solar Access 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 758653M_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-16-03341 for the erection of 3 residential flat buildings containing 149 units including stormwater and landscaping works on approved lot 16C in the subdivision of Lot 16 DP 31797 (Pelican Road, Schofields) is approved subject to the conditions of consent set out in Annexure "C". ……………. D M Dickson Commissioner of the Court 73106.17 Dickson - Annexure A (17.3 MB, pdf) 73106.17 Dickson - Annexure B (713 KB, pdf) 73106.17 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