Land and Environment Court New South Wales Medium Neutral Citation: Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1723 Hearing dates: Conciliation conference on 24 November 2017 Date of orders: 15 December 2017 Decision date: 15 December 2017 Jurisdiction: Class 1 Before: Dixon 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: Counsel: Ms J Reid (Applicant) Solicitors: Swaab Attorneys (Applicant) Ms K Mortimer, Lindsay Taylor Lawyers (Respondent) File Number(s): 2017/ 215034 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 Applicant is granted leave to rely upon the following amended material: Drawing No. and Issue Drawing Title Prepared by Date of Plan Drawing No. DA01/02, Rev B Subdivision Plan The Bathla Group November 2017 Drawing No. DA02/02, Rev B Subdivision Plan Road Pattern The Bathla Group November 2017 Plan No. 000, Rev B Cover Sheet Orion Consulting Engineers Undated Plan No. 001, Rev B General Arrangement Plan, Notes & Legend Orion Consulting Engineers 27 November 2017 Plan No. 002, Rev B Demolition & Tree Removal Plan Orion Consulting Engineers 27 November 2017 Plan No. 003, Rev B Site Regrading Plan Orion Consulting Engineers 27 November 2017 Plan No. 004, Rev B Site Regrading Sections – Sheet 01 of 02 Orion Consulting Engineers 27 November 2017 Plan No. 005, Rev B Site Regrading Sections – Sheet 02 of 02 Orion Consulting Engineers 27 November 2017 Plan No. 010, Rev B Sediment & Erosion Control Plan Orion Consulting Engineers 27 November 2017 Plan No. 011, Rev B Sediment & Erosion Control Plan Notes & Details Orion Consulting Engineers 27 November 2017 Plan No. 013, Rev B Engineering Plan Orion Consulting Engineers 27 November 2017 Plan No. 014, Rev B Inset A, Sections & Details Orion Consulting Engineers 27 November 2017 Plan No. 020, Rev B Road Longitudinal Sections – Sheet 01 of 03 Orion Consulting Engineers 27 November 2017 Plan No. 021, Rev B Road Longitudinal Sections – Sheet 02 of 03 Orion Consulting Engineers 27 November 2017 Plan No. 022, Rev B Road Longitudinal Sections – Sheet 03 of 03 Orion Consulting Engineers 27 November 2017 Plan No. 030, Rev B Catchment Plan Orion Consulting Engineers 27 November 2017 Plan No. 040, Rev B Basin Setout Plan, Sections & Details Orion Consulting Engineers 27 November 2017 Plan No. 41, Rev B Bio-Retention Details & Planting Orion Consulting Engineers 27 November 2017 1. The appeal is upheld. 2. Development Application No. DA-16-05399, for the subdivision of Lot 6 Section Q DP712 (known as 124 Cranbourne Street, Riverstone) into 6 lots, construction of public road and associated storm water drainage is approved subject to the conditions in Annexure 'A'. ………………………. S Dixon Commissioner of the Court Annexure A (C) (379 KB, pdf) (Subdiv Plans) (214 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: 15 December 2017