Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1571

NSW Caselaw

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Land and Environment Court New South Wales

Medium Neutral Citation: Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1571 Hearing dates: Conciliation conference on 8 August, 14 September & 6 October 2017 Date of orders: 11 October 2017 Decision date: 11 October 2017 Jurisdiction: Class 1 Before: Martin SC 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 Greer (Applicant) Mr D Loether, Bartier Perry (Respondent) File Number(s): 2017/73105 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 2. The Court Act also required me to "set out in writing the terms of the decision" (s 34(3)(b)), the orders 3. In making the orders to give effect to the agreement between the parties, I was not required to make, and have 4. The final orders to give effect to the parties' agreement under s34(3) of the Land and Environment Court Act 1. The appeal is upheld. 2. The Applicant is granted leave to rely upon the following amended material, copies of which are behind Drawing reference Title A0000-CS, Rev C Cover Page A0001-DL, Rev C Drawing List A0002-CT, Rev C Compliance Table - 1 A0003-CT, Rev C Compliance Table - 2 A0004-SA, Rev C Site Analysis – 1 A0005-SA, Rev C Site Analysis -2 A0006-SP, Rev C Site Plan A1000-P2, Rev C Stage 1 – Basement 02 A1001-P1, Rev C Stage 1 – Basement 01 A1002-0G, Rev C Stage 1 – Lower Ground A1003-0G, Rev C Stage 1 – Ground Level A1004-01, Rev C Stage 1 – Level 1 A1005-02, Rev C Stage 1 – Level 2 A1006-03, Rev C Stage 1 – Level 3 A1007-04, Rev C Stage 1 – Level 4 A1008-05, Rev C Stage 1 – Roof A1009-P2, Rev C Stage 2 – Basement 02 A1010-P1, Rev C Stage 2 – Basement 01 A1011-0G, Rev C Stage 2 – Ground A1012-01, Rev C Stage 2 – Level 1 A1013-02, Rev C Stage 2 – Level 2 A1014-03, Rev C Stage 2 – Level 3 A1015-04, Rev C Stage 2 – Level 4 A1016-05, Rev C Stage 2 – Roof A1017-P2, Rev C Stage 3 – Basement 02 A1018-P1, Rev C Stage 3 – Basement 01 A1019-0G, Rev C Stage 3 – Lower Ground A1020-01, Rev C Stage 3 – Ground A1021-02, Rev C Stage 3 – Level 1 A1022-03, Rev C Stage 3 – Level 2 A1023-04, Rev C Stage 3 – Level 3 A1024-05, Rev C Stage 3 – Level 4 A1025-06, Rev C Stage 3 – Roof A2000-SE, Rev C Stage 1 – A2001-SE, Rev C Stage 1 – A2002-SE, Rev C Stage 2 – A2003-SE, Rev C Stage 2 – East Elevation A2004-SE, Rev C Stage 2 – West Elevation A2005-SE, Rev C Stage 3 – A2006-SE, Rev C Stage 3 – A2007-SC, Rev C Stage 1 – Section 1 A2008-SC, Rev C Stage 1 – Section 2 A2009-SC, Rev C Stage 2 – Sections 1 A2010-SC, Rev C Stage 2 – Sections 2 A2011-SC, Rev C Stage 2 – Sections 3 A2012-SC, Rev C Stage 3 – Section 1 A2013-SC, Rev C Stage 3 – Section 2 A2014-SC, Rev C Ramp – Sections A2015-MF, Rev C Stage 1 – A2016-MF, Rev C Stage 2 – A2017-MF, Rev C Stage 3 – A3000-SA, Rev C Shadow Analysis A3001-SA, Rev C 3D Solar Access Analysis 1 A3002-SA, Rev C 3D Solar Access Analysis 2 A3003-SA, Rev C Solar Access Compliance 1 A3004-SA, Rev C Solar Access Compliance 2 A3005-CV, Rev C Cross Ventilation Compliance A3006-AC, Rev C Area Calc. – FSR 1 A3007-AC, Rev C Area Calc. – FSR 2 A3008-AC, Rev C Area Calc. – Site Coverage A3009-AC, Rev C Area Calc. – Deep Soil A3010-AC, Rev C Area Calc. – Landscape and COS A3011-AC, Rev C Solar Access to COS Area A3012-BH, Rev C Building Height Compliance A4000-AU, Rev B Stage 1- Typical Adaptable A4001-AU, Rev B Stage 2- Typical Adaptable A4002-AU, Rev B Stage 3- Typical Adaptable A4003-LU, Rev B Typical Livable Units A5000-3D, Rev B 3D View 1 A5001-3D, Rev B 3D View 2 A5002, Rev B Photomontage 1 A5003, Rev B Photomontage 2 000, Rev B Cover Sheet C100, Rev B Landscape Site Plan C101, Rev B Landscape Plan Roof – Block A C104, Rev A Landscape Plan Roof – Block C 102, Rev B Landscape Plan 103, Rev C Landscape Plan 501, Rev B Landscape Details 502, Rev B Landscape Specification Summary of Ground Level units without direct access paths to courtyards prepared by The Bathla Group BASIX Certificate Number 785028M_02 SEPP 65 Design Verification Statement prepared by Chee Lim dated 11 September 2017 Acoustic Review of Contention 8(a)h prepared by Acoustic Logic dated 24 August 2017 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". made to give effect to the agreement constitute that document. not made, any merit assessment of the issues that were originally in dispute between the parties. 1979 are: Annexure "A": Prepared by Date The Bathla Group August 2017 The Bathla Group August 2017 The Bathla Group August 2017 The Bathla Group August 2017 The Bathla Group August 2017 The Bathla Group August 2017 The Bathla Group August 2017 The Bathla Group August 2017 The Bathla Group August 2017 The Bathla Group August 2017 The Bathla Group August 2017 The Bathla Group August 2017 The Bathla Group August 2017 The Bathla Group August 2017 The Bathla Group August 2017 The Bathla Group August 2017 The Bathla Group August 2017 The Bathla Group August 2017 The Bathla Group August 2017 The Bathla Group August 2017 The Bathla Group August 2017 The Bathla Group August 2017 The Bathla Group August 2017 The Bathla Group August 2017 The Bathla Group August 2017 The Bathla Group August 2017 The Bathla Group August 2017 The Bathla Group August 2017 The Bathla Group August 2017 The Bathla Group August 2017 The Bathla Group August 2017 The Bathla Group August 2017 The Bathla Group August 2017 North & East Elevation The Bathla Group August 2017 South & West Elevation The Bathla Group August 2017 North & South Elevation The Bathla Group August 2017 The Bathla Group August 2017 The Bathla Group August 2017 East & North Elevation The Bathla Group August 2017 South & West Elevation The Bathla Group August 2017 The Bathla Group August 2017 The Bathla Group August 2017 The Bathla Group August 2017 The Bathla Group August 2017 The Bathla Group August 2017 The Bathla Group August 2017 The Bathla Group August 2017 The Bathla Group August 2017 Material & Finishes The Bathla Group August 2017 Material & Finishes The Bathla Group August 2017 Material & Finishes The Bathla Group August 2017 The Bathla Group August 2017 The Bathla Group August 2017 The Bathla Group August 2017 The Bathla Group August 2017 The Bathla Group August 2017 The Bathla Group August 2017 The Bathla Group August 2017 The Bathla Group August 2017 The Bathla Group August 2017 The Bathla Group August 2017 The Bathla Group August 2017 The Bathla Group August 2017 The Bathla Group August 2017 The Bathla Group 25 July 2017 The Bathla Group 25 July 2017 The Bathla Group 25 July 2017 The Bathla Group 25 July 2017 The Bathla Group 25 July 2017 The Bathla Group 25 July 2017 The Bathla Group 25 July 2017 The Bathla Group 25 July 2017 Site Image Landscape Architects 18 September 2017 Site Image Landscape Architects 18 September 2017 Site Image Landscape Architects 18 September 2017 Site Image Landscape Architects 18 September 2017 – Ground Block C & Block A Site Image Landscape Architects 18 September 2017 – Block C, D & E Site Image Landscape Architects 18 September 2017 Site Image Landscape Architects 18 September 2017 & Plant Schedule Site Image Landscape Architects 18 September 2017

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Land and Environment Court New South Wales

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 A0000-CS, Rev C Cover Page The Bathla Group August 2017 A0001-DL, Rev C Drawing List The Bathla Group August 2017 A0002-CT, Rev C Compliance Table - 1 The Bathla Group August 2017 A0003-CT, Rev C Compliance Table - 2 The Bathla Group August 2017 A0004-SA, Rev C Site Analysis – 1 The Bathla Group August 2017 A0005-SA, Rev C Site Analysis -2 The Bathla Group August 2017 A0006-SP, Rev C Site Plan The Bathla Group August 2017 A1000-P2, Rev C Stage 1 – Basement 02 The Bathla Group August 2017 A1001-P1, Rev C Stage 1 – Basement 01 The Bathla Group August 2017 A1002-0G, Rev C Stage 1 – Lower Ground The Bathla Group August 2017 A1003-0G, Rev C Stage 1 – Ground Level The Bathla Group August 2017 A1004-01, Rev C Stage 1 – Level 1 The Bathla Group August 2017 A1005-02, Rev C Stage 1 – Level 2 The Bathla Group August 2017 A1006-03, Rev C Stage 1 – Level 3 The Bathla Group August 2017 A1007-04, Rev C Stage 1 – Level 4 The Bathla Group August 2017 A1008-05, Rev C Stage 1 – Roof The Bathla Group August 2017 A1009-P2, Rev C Stage 2 – Basement 02 The Bathla Group August 2017 A1010-P1, Rev C Stage 2 – Basement 01 The Bathla Group August 2017 A1011-0G, Rev C Stage 2 – Ground The Bathla Group August 2017 A1012-01, Rev C Stage 2 – Level 1 The Bathla Group August 2017 A1013-02, Rev C Stage 2 – Level 2 The Bathla Group August 2017 A1014-03, Rev C Stage 2 – Level 3 The Bathla Group August 2017 A1015-04, Rev C Stage 2 – Level 4 The Bathla Group August 2017 A1016-05, Rev C Stage 2 – Roof The Bathla Group August 2017 A1017-P2, Rev C Stage 3 – Basement 02 The Bathla Group August 2017 A1018-P1, Rev C Stage 3 – Basement 01 The Bathla Group August 2017 A1019-0G, Rev C Stage 3 – Lower Ground The Bathla Group August 2017 A1020-01, Rev C Stage 3 – Ground The Bathla Group August 2017 A1021-02, Rev C Stage 3 – Level 1 The Bathla Group August 2017 A1022-03, Rev C Stage 3 – Level 2 The Bathla Group August 2017 A1023-04, Rev C Stage 3 – Level 3 The Bathla Group August 2017 A1024-05, Rev C Stage 3 – Level 4 The Bathla Group August 2017 A1025-06, Rev C Stage 3 – Roof The Bathla Group August 2017 A2000-SE, Rev C Stage 1 – North & East Elevation The Bathla Group August 2017 A2001-SE, Rev C Stage 1 – South & West Elevation The Bathla Group August 2017 A2002-SE, Rev C Stage 2 – North & South Elevation The Bathla Group August 2017 A2003-SE, Rev C Stage 2 – East Elevation The Bathla Group August 2017 A2004-SE, Rev C Stage 2 – West Elevation The Bathla Group August 2017 A2005-SE, Rev C Stage 3 – East & North Elevation The Bathla Group August 2017 A2006-SE, Rev C Stage 3 – South & West Elevation The Bathla Group August 2017 A2007-SC, Rev C Stage 1 – Section 1 The Bathla Group August 2017 A2008-SC, Rev C Stage 1 – Section 2 The Bathla Group August 2017 A2009-SC, Rev C Stage 2 – Sections 1 The Bathla Group August 2017 A2010-SC, Rev C Stage 2 – Sections 2 The Bathla Group August 2017 A2011-SC, Rev C Stage 2 – Sections 3 The Bathla Group August 2017 A2012-SC, Rev C Stage 3 – Section 1 The Bathla Group August 2017 A2013-SC, Rev C Stage 3 – Section 2 The Bathla Group August 2017 A2014-SC, Rev C Ramp – Sections The Bathla Group August 2017 A2015-MF, Rev C Stage 1 – Material & Finishes The Bathla Group August 2017 A2016-MF, Rev C Stage 2 – Material & Finishes The Bathla Group August 2017 A2017-MF, Rev C Stage 3 – Material & Finishes The Bathla Group August 2017 A3000-SA, Rev C Shadow Analysis The Bathla Group August 2017 A3001-SA, Rev C 3D Solar Access Analysis 1 The Bathla Group August 2017 A3002-SA, Rev C 3D Solar Access Analysis 2 The Bathla Group August 2017 A3003-SA, Rev C Solar Access Compliance 1 The Bathla Group August 2017 A3004-SA, Rev C Solar Access Compliance 2 The Bathla Group August 2017 A3005-CV, Rev C Cross Ventilation Compliance The Bathla Group August 2017 A3006-AC, Rev C Area Calc. – FSR 1 The Bathla Group August 2017 A3007-AC, Rev C Area Calc. – FSR 2 The Bathla Group August 2017 A3008-AC, Rev C Area Calc. – Site Coverage The Bathla Group August 2017 A3009-AC, Rev C Area Calc. – Deep Soil The Bathla Group August 2017 A3010-AC, Rev C Area Calc. – Landscape and COS The Bathla Group August 2017 A3011-AC, Rev C Solar Access to COS Area The Bathla Group August 2017 A3012-BH, Rev C Building Height Compliance The Bathla Group August 2017 A4000-AU, Rev B Stage 1- Typical Adaptable The Bathla Group 25 July 2017 A4001-AU, Rev B Stage 2- Typical Adaptable The Bathla Group 25 July 2017 A4002-AU, Rev B Stage 3- Typical Adaptable The Bathla Group 25 July 2017 A4003-LU, Rev B Typical Livable Units The Bathla Group 25 July 2017 A5000-3D, Rev B 3D View 1 The Bathla Group 25 July 2017 A5001-3D, Rev B 3D View 2 The Bathla Group 25 July 2017 A5002, Rev B Photomontage 1 The Bathla Group 25 July 2017 A5003, Rev B Photomontage 2 The Bathla Group 25 July 2017 000, Rev B Cover Sheet Site Image Landscape Architects 18 September 2017 C100, Rev B Landscape Site Plan Site Image Landscape Architects 18 September 2017 C101, Rev B Landscape Plan Roof – Block A Site Image Landscape Architects 18 September 2017 C104, Rev A Landscape Plan Roof – Block C Site Image Landscape Architects 18 September 2017 102, Rev B Landscape Plan – Ground Block C & Block A Site Image Landscape Architects 18 September 2017 103, Rev C Landscape Plan – Block C, D & E Site Image Landscape Architects 18 September 2017 501, Rev B Landscape Details Site Image Landscape Architects 18 September 2017 502, Rev B Landscape Specification & Plant Schedule Site Image Landscape Architects 18 September 2017 Summary of Ground Level units without direct access paths to courtyards prepared by The Bathla Group BASIX Certificate Number 785028M_02 SEPP 65 Design Verification Statement prepared by Chee Lim dated 11 September 2017 Acoustic Review of Contention 8(a)h prepared by Acoustic Logic dated 24 August 2017

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