Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1492

Land and Environment Court New South Wales

Medium Neutral Citation: Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1492 Hearing dates: Conciliation conference on 3 August 2017 Date of orders: 06 September 2017 Decision date: 06 September 2017 Jurisdiction: Class 1 Before: Dickson C Decision: See (4) below Catchwords: DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Sydney Growth Centres) 2006 Category: Principal judgment Parties: Universal Property Group Pty Ltd (Applicant) Blacktown City Council (Respondent) Representation: Counsel: Mr M Staunton (Applicant) Solicitors: Ms E Flemming, Swaab Attorneys (Applicant) Mr D Loether, Bartier Perry Lawyers (Respondent) File Number(s): 2017/70963 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 Development Application No. JRPP-16-03333 and to rely upon the following amended plans and documents, copies of which are behind Annexure "A": Drawing/Document Number Drawing/Document Title Prepared by Date DA 16H-000, Revision D Cover Page The Bathla Group 17 August 2017 DA 16H-001, Revision D Compliance Table The Bathla Group 17 August 2017 DA 16H-002, Revision D Site Analysis The Bathla Group 17 August 2017 DA 16H-003, Revision D Plan – Site Plan The Bathla Group 17 August 2017 DA 16H-004, Revision D Basement 3 The Bathla Group 17 August 2017 DA 16H-005, Revision D Plan – Basement 2 The Bathla Group 17 August 2017 DA 16H-006, Revision D Plan – Lower Ground / Basement 1 The Bathla Group 17 August 2017 DA 16H-007, Revision D Plan – Ground The Bathla Group 17 August 2017 DA 16H-008, Revision D Plan – Level 1 The Bathla Group 17 August 2017 DA 16H-009, Revision D Plan – Level 2 The Bathla Group 17 August 2017 DA 16H-010, Revision D Plan – Level 3 The Bathla Group 17 August 2017 DA 16H-011, Revision D Plan – Level 4 The Bathla Group 17 August 2017 DA 16H-012, Revision D Plan - Roof The Bathla Group 17 August 2017 DA 16H-013, Revision D Pre & Post Adaptable Units The Bathla Group 17 August 2017 DA 16H-014, Revision D Section C & Truck Ramp The Bathla Group 17 August 2017 DA 16H-015, Revision D Section A & D The Bathla Group 17 August 2017 DA 16H-016, Revision D South & East Elevations The Bathla Group 17 August 2017 DA 16H-017, Revision D North & West Elevations The Bathla Group 17 August 2017 DA 16H-018, Revision D Daylight Compliance The Bathla Group 17 August 2017 DA 16H-019, Revision D Area COS – Deep Soil – Landscape The Bathla Group 17 August 2017 DA 16H-020, Revision D Communal Open Space Analysis The Bathla Group 17 August 2017 DA 16H-021, Revision D Individual Unit Ventilation The Bathla Group 17 August 2017 DA 16H-022, Revision D Material Schedule The Bathla Group 17 August 2017 DA 16H-023, Revision D Area Schedule The Bathla Group 17 August 2017 DA 16H-028, Revision D Notification Plan The Bathla Group 17 August 2017 DA 16H-031, Revision D Height Limit The Bathla Group 17 August 2017 DA 16H-032, Revision D Site Coverage The Bathla Group 17 August 2017 DA 16 H&IJ Shadow Analysis 3D The Bathla Group July 2017 DA 16 H&IJ Shadow Analysis Elevation The Bathla Group July 2017 DA 16 H&IJ Shadow Analysis – H&IJ The Bathla Group July 2017 LP-DA 01, Revision C Concept Landscape Plan The Bathla Group 21 August 2017 LP-DA 02, Revision C Landscape Specification The Bathla Group 21 August 2017 LP-DA 03, Revision C Landscape Details The Bathla Group 21 August 2017 755336M_06 BASIX Certificate Ecoinnovate 26 August 2017 20161078.2/2408A/R0/GW Driveway Noise Impact Acoustic Logic 24 August 2017 - SEPP 65 Design Verification Statement Chee Lim 21 August 2017