Land and Environment Court New South Wales Medium Neutral Citation: Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1520 Hearing dates: Conciliation conference on 1, 17, 28 August, 5, 14, 18 & 19 September 2017 Date of orders: 19 September 2017 Decision date: 19 September 2017 Jurisdiction: Class 1 Before: Chilcott C 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, Herbert Geer (Applicant) Mr D Loether, Bartier Perry (Respondent) File Number(s): 2017/69624 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-16-03329 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 A1000, Revision C Cover Page The Bathla Group August 2017 A1001, Revision D Compliance Table The Bathla Group August 2017 A1002, Revision A Location & Site Analysis Plans The Bathla Group May 2016 A1003, Revision A Site Survey Plan The Bathla Group May 2016 A1004, Revision D Site Plan The Bathla Group August 2017 A1005, Revision D Site & Staging Plan The Bathla Group August 2017 A1006, Revision D Basement01 – Staging Plan The Bathla Group August 2017 A1007, Revision C Basement 02 The Bathla Group August 2017 A1008, Revision D Basement 01 The Bathla Group August 2017 A1009, Revision E Ground Floor The Bathla Group August 2017 A1010, Revision D Level 1 The Bathla Group August 2017 A1011, Revision E Level 2 The Bathla Group August 2017 A1012, Revision D Level 3 The Bathla Group August 2017 A1013, Revision D Level 4 The Bathla Group August 2017 A1014, Revision D Level 5 The Bathla Group August 2017 A1015, Revision D Roof The Bathla Group August 2017 A1016, Revision D Typical Floor Plan Block C The Bathla Group August 2017 A1017, Revision D Typical Floor Plan Block D & E The Bathla Group August 2017 A1018, Revision C Typical Floor Plan Block A & B The Bathla Group August 2017 A1020, Revision E Sections 01 The Bathla Group August 2017 A1021 Revision D Section 02 The Bathla Group August 2017 A1030, Revision D Elevations 01 The Bathla Group August 2017 A1031, Revision D Elevations 02 The Bathla Group August 2017 A1032, Revision D Elevations 03 The Bathla Group August 2017 A1033, Revision C Materials & Colours Schedule The Bathla Group August 2017 A1040, Revision C Shadow Diagrams (21st June) The Bathla Group August 2017 A1050, Revision D Solar Access Compliance The Bathla Group August 2017 A1051, Revision D Cross Ventilation Compliance The Bathla Group August 2017 A1052, Revision C Area CALC – Floor Space Ratio The Bathla Group August 2017 A1053, Revision C Area CALC – Landscape The Bathla Group August 2017 A1054 – Revision C Area CALC – Deep Soil Zone The Bathla Group August 2017 A1055 – Revision D Communal Open Space Stage 01 The Bathla Group August 2017 A1056, Revision D Communal Open Space Stage 02 The Bathla Group August 2017 A1057, Revision D Communal Open Space Stage 03 The Bathla Group August 2017 A1058, Revision C Height Limit Diagram The Bathla Group August 2017 A1060, Revision B Typical Adaptable Units The Bathla Group August 2017 A1061, Revision B Typical Livable Units The Bathla Group August 2017 A1070, Revision B Perspective Views The Bathla Group August 2017 A1071, Revision B Photomontage 1 The Bathla Group August 2017 A1072, Revision B Photomontage 2 The Bathla Group August 2017 A1073, Revision B Photomontage 3 The Bathla Group August 2017 A1074, Revision B Photomontage 4 The Bathla Group August 2017 DA701-R02 Site Plan Diagram with Zone SP2 The Bathla Group May 2016 SK-01 Survey Plan Extract The Bathla Group September 2017 L01, Revision R02 Coversheet The Bathla Group 13 September 2017 LP2, Revision R03 Ground Floor Concept Landscape Plan The Bathla Group 12 September 2017 LP3, Revision R03 Level 1 Concept Landscape Plan The Bathla Group 12 September 2017 LP4, Revision R03 Level 5 Concept Landscape Plan The Bathla Group 13 September 2017 L2, Revision R02 Landscape Details & Planting Schedule The Bathla Group August 2017 747349M_03 BASIX Certificate SLR Consulting Pty Ltd 18 September 2017 - SEPP 65 Design Verification Statement Chee Lim 14 September 2017 1. The Applicant's clause 4.6 request, prepared by GLN Planning Consulting Strategy, for a variation of the Height of Building development standard under State Environmental Planning Policy (Sydney Region Growth Centres) 2006, a copy of which is behind Annexure "B", is upheld. 2. The Applicant is to pay the Respondent's costs pursuant to section 97B of the Environmental Planning and Assessment Act 1979, as agreed or assessed. 3. Development Application No. JRPP-16-03329 for the staged construction of five residential flat buildings containing 424 units, basement car parking, including stormwater and landscaping works and the construction of a private road on approved Lots 15C, 16K, 16L & 16M in the subdivision of Lot 16 in deposited plan 31797, be approved subject to the conditions which are behind Annexure "C". ………………………. Commissioner Chilcott Annexure A (16.8 MB, pdf) Annexure B (419 KB, pdf) Annexure C (480 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: 22 September 2017