Land and Environment Court New South Wales Medium Neutral Citation: Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1733 Hearing dates: Conciliation conference on 20 October 2017, 27 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: construction of a mixed use development; 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: Ms E Flemming, Swaab Attorneys (Applicant) Ms J Hewitt, HWL Ebsworth(Respondent) File Number(s): 2017/186954 Publication restriction: No Judgment 1. COMMISSIONER: This is an appeal against the refusal of Development Application No. DA-17-00675 for the construction of a mixed use development including ground floor retail and shop top housing comprising three levels containing 60 units, rooftop common open space, basement car parking and landscaping and stormwater drainage at 81-91 Railway Terrace, Schofields. 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 rely upon the following amended material: Drawing No. and Issue Drawing Title Prepared by Date of Plan DA 01, Issue C Cover Sheet The Bathla Group 7 November 2017 DA 02, Issue C Compliance Table The Bathla Group 7 November 2017 DA 05, Issue C Site Plan The Bathla Group 7 November 2017 DA 07, Issue C Basement 1 Plan The Bathla Group 7 November 2017 DA 08, Issue C Basement 2 Plan The Bathla Group 7 November 2017 DA09, Issue C Ground Floor Plan The Bathla Group 7 November 2017 DA 10, Issue C Level 1 Plan The Bathla Group 7 November 2017 DA 11, Issue C Level 2 Plan The Bathla Group 7 November 2017 DA 12, Issue C Level 3 Plan The Bathla Group 7 November 2017 DA 13, Issue C Roof Plan The Bathla Group 7 November 2017 DA 14, Issue C Elevations 1 The Bathla Group 7 November 2017 DA 15, Issue C Elevations 2 The Bathla Group 7 November 2017 DA 16, Issue C Sections 1 The Bathla Group 7 November 2017 DA 17, Issue C Sections 2 The Bathla Group 7 November 2017 DA 18, Issue C Materials and Finishes The Bathla Group 7 November 2017 DA 19, Issue C Shadow Diagram The Bathla Group 7 November 2017 DA 20, Issue C Solar Access The Bathla Group 7 November 2017 DA 21, Issue C Cross Ventilation The Bathla Group 7 November 2017 DA 22, Issue C Area Clac. – GFA The Bathla Group 7 November 2017 DA 23, Issue C Area Calc. Landscape – COS Deep Soil The Bathla Group 7 November 2017 DA 24, Issue C Building Height Compliance The Bathla Group 7 November 2017 DA 25, Issue C 3D Views The Bathla Group 7 November 2017 DA 26, Issue C Typical Adaptable & Liveable Unit The Bathla Group 7 November 2017 DA 27, Issue C Frontage Detail The Bathla Group 7 November 2017 DA 28, Issue C Internal Storage Calculation The Bathla Group 7 November 2017 DA 29, Issue C Notification Plan The Bathla Group 7 November 2017 SY16165C01, Issue D Stormwater Drainwater Layout Plan – Site Plan Ryan Barker Stewart 15 November 2017 SY16165C02, Issue D Details and Sections Ryan Barker Stewart 15 November 2017 SY16165C03, Issue D Details and Sections Ryan Barker Stewart 15 November 2017 SY16165C04, Issue D Soil and Water Management Plan Ryan Barker Stewart 15 November 2017 SY16165C05, Issue D Soil and Water Management Details Ryan Barker Stewart 15 November 2017 SY16165C06, Issue D OSD Details and Sections Ryan Barker Stewart 15 November 2017 CA17/122/2001 Construction Management Plan The Bathla Group 10 November 2017 Not applicable Vegetation Management Plan Dominic Fanning - Gunninah November 2017 Not Applicable Waste Management Plan The Bathla Group Undated 809939M_02 BASIX Certificate Ecoinnovate 8 November 2017 1. The Applicant is to pay the Respondent's costs under section 97B of the Environmental Planning Assessment Act 1979 in the amount of $6,700 within 28 days. 2. Development Application No. DA-17-00675 for the construction of a mixed use development including ground floor retail and shop top housing comprising three levels containing 60 units, rooftop common open space, basement car parking and landscaping and stormwater drainage on Lot 9 DP237933 and Lot 9 and Lot 10 DP18574 (known as 81-91 Railway Terrace, Schofields), is approved subject to the conditions in Annexure 'A'. ………………………. G Brown Commissioner of the Court Annexure A (C) Annexure B Amendments 19 December 2017 - Correct date of orders and decision. 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: 19 December 2017