Land and Environment Court New South Wales Medium Neutral Citation: Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1731 Hearing dates: Conciliation conferences on 8, 30 November 2017 Date of orders: 18 December 2017 Decision date: 18 December 2017 Jurisdiction: Class 1 Before: Brown C Decision: See (5) below Catchwords: DEVELOPMENT APPLICATION: dedication and construction of a public road, the construction of a residential flat building and ancillary works; conciliation conference; agreement between the parties; orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category: Principal judgment Parties: Universal Property Group Pty Ltd (Applicant) Blacktown City Council (Respondent) Representation: Solicitors: Mr C McFadzean, Swaab Attorneys (Applicant) Mr S Simington, Lindsay Taylor Lawyers (Respondent) File Number(s): 2017/195713 Publication restriction: No Judgment 1. COMMISSIONER: This is an appeal against the refusal of DA No. 17-00431 for the consolidation, dedication and construction of a public road, the construction of a residential flat building containing 46 units and two basement car parking levels, tree removal, landscaping works and associated stormwater works at 54-58 Advance Street, Riverstone. 2. 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". 3. 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. 4. 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. 5. 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 the development application by relying on the following amended plans: Drawing No. and Issue Title Prepared by Date DA-05 Issue B Site Plan The Bathla Group 2017 DA-06 Issue C Plan - Basement 1 & 2 Plan 09/10/2017 DA-07 Issue C Plan – Ground & Typical DA-08 Issue C Plan - Level 3 and 4 DA-09 Issue C Plan - Roof DA-10 Issue C Section – AA+BB+CC DA-11 IssueDA No. 17-00431 for the consolidation of Lot 14 DP 244164 and Lots 23 and 24 DP 850117, dedication and construction of a public road, the construction of a residential flat building containing 46 units and two basement car parking levels, tree removal, landscaping works and associated stormwater works on land known as 54-58 Advance Street, Riverstone C Driveway Sections DA-12 Issue C Elevations DA-13 Issue C Material and Finishes L01 Rev R02 Cover Sheet The Bathla Group 03/05/2017 L02 Rev R02 Concept Landscape Plan L03 Rev R02 Concept Landscape Plan L04 Rev R02 Landscape Details LP ST01 Revision B Street Tree Planting Plan The Bathla Group 21/11/2017 - Cover sheet Barker Ryan Stewart 21/11/2017 SY16244C02 Rev E Engineering Plan – External Road Surfaces SY16244C03 Rev E Longitudinal Section, Typical Cross Sections and Details SY16244C04 Rev E Stormwater Drainage Internal – Site / Ground Floor Plan SY16244C05 Rev E Details and Sections SY16244C06 Rev E Catchment Plans & Drainage Longitudinal Section Waste Management Plan Barker Ryan Stewart 21/11/2017 1. The Applicant to pay the Council's costs under s 97B of the Environmental Planning and Assessment Act 1979 arising from paragraph (b) as agreed or assessed. 2. Development consent is granted to DA No. 17-00431 for the consolidation of Lot 14 DP 244164 and Lots 23 and 24 DP 850117, dedication and construction of a public road, the construction of a residential flat building containing 46 units and two basement car parking levels, tree removal, landscaping works and associated stormwater works on land known as 54-58 Advance Street, Riverstone, subject to the conditions in Annexure "A". A copy of the architectural plans, landscape plans and stormwater plans that are the subject of this development application (as amended) are attached at Annexure "B". ………………………. G Brown Commissioner of the Court Annexure A (C) (473 KB, pdf) Annexure B (Plans) (10.3 MB, 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: 18 December 2017