Land and Environment Court New South Wales Medium Neutral Citation: Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1493 Hearing dates: Conciliation conference on 1 August 2017 Date of orders: 06 September 2017 Decision date: 06 September 2017 Jurisdiction: Class 1 Before: Chilcott 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: Dr J Smith (Applicant) Solicitors: Ms E Flemming, Swaab Attorneys (Applicant) Mr D Loether, Bartier Perry Lawyers (Respondent) File Number(s): 2017/70964 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 rely upon the following amended material, copies of which are behind Annexure "A": Drawing reference Title Prepared by Date 16IJ-000, Rev D Cover Page The Bathla Group 12 August 2017 16IJ-001, Rev D Compliance Table The Bathla Group 12 August 2017 16IJ-002, Rev D Site Analysis The Bathla Group 12 August 2017 16IJ-003, Rev D Site Plan The Bathla Group 12 August 2017 16IJ-004, Rev D Plan-Basement 2 The Bathla Group 12 August 2017 16IJ-005-1, Rev D Plan – Basement 1 The Bathla Group 12 August 2017 16IJ-005-2, Rev D Plan – Lower Ground The Bathla Group 12 August 2017 16IJ-006, Rev D Plan – Ground Level The Bathla Group 12 August 2017 16IJ-007, Rev D Plan – Level 1 The Bathla Group 12 August 2017 16IJ-008, Rev D Plan – Level 2 The Bathla Group 12 August 2017 16IJ-009, Rev D Plan – Level 3 The Bathla Group 12 August 2017 16IJ-010, Rev D Plan - Level 4 The Bathla Group 12 August 2017 16IJ-011, Rev D Plan – Roof The Bathla Group 12 August 2017 16IJ-012, Rev D Pre & Post Adaptable Units The Bathla Group 12 August 2017 16IJ-013, Rev D Sections A & B The Bathla Group 12 August 2017 16IJ-014, Rev D Sections C & D The Bathla Group 12 August 2017 16IJ-015, Rev D North & South Elevations The Bathla Group 12 August 2017 16IJ-016, Rev D East & West Elevations The Bathla Group 12 August 2017 16IJ-017, Rev D Daylight Compliance The Bathla Group 12 August 2017 16IJ-018, Rev D Area – C.O.S.- Deep Soil-Landscape The Bathla Group 12 August 2017 16IJ-019, Rev D Communal Open Space Shadow Analysis The Bathla Group 12 August 2017 16IJ-020, Rev D Individual Unit Ventilation The Bathla Group 12 August 2017 16IJ-021, Rev D Material Schedule The Bathla Group 12 August 2017 16IJ-022, Rev D Area Schedule – FSR The Bathla Group 12 August 2017 16IJ-025, Rev D Truck Path Sections The Bathla Group 12 August 2017 16IJ-027, Rev D Height Study The Bathla Group 12 August 2017 16IJ-030, Rev D Site Coverage The Bathla Group 12 August 2017 16IJ-031, Rev D Notification Plan The Bathla Group 12 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, Rev C Concept Landscape Plan The Bathla Group 14 August 2017 LP-DA 02, Rev C Landscape Specification The Bathla Group 14 August 2017 LP-DA 03, Rev C Landscape Details The Bathla Group 14 August 2017 BASIX Certificate Number 755619M_03 SEPP 65 Design Verification Statement prepared by Chee Lim dated 5 September 2017 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-16-03338 for the erection of 3 residential flat buildings containing 197 units on approved lots 16I and 16J in the subdivision of Lot 16 DP 31797 (Pelican Road, Schofields) including basement car parking, stormwater drainage and landscaping is approved subject to the conditions of consent set out in Annexure "C". ………………………. Commissioner Chilcott Annexure A (17.4 MB, pdf) Annexure B (1.78 MB, pdf) Annexure C (498 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: 06 September 2017