Universal Property Group Pty Ltd v Cumberland Council [2017] NSWLEC 1744

Land and Environment Court New South Wales

Medium Neutral Citation: Universal Property Group Pty Ltd v Cumberland Council [2017] NSWLEC 1744 Hearing dates: Conciliation conference on 21 December 2017 Date of orders: 22 December 2017 Decision date: 22 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) Cumberland Council (Respondent) Representation: Counsel: Ms J Reid (Applicant) Mr A Seton (Solicitor) (Respondent)

Solicitors: SWAAB Attorneys (Applicant) Marsdens Law Group (Respondent) File Number(s): 2017/126814 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 rely upon the following amended material: Drawing No. and Issue Drawing Title Prepared by Date of Plan DA 01, Issue H Site Analysis Architex Pty Ltd 14 September 2017 DA 02, Issue H Subdivision Plan Architex Pty Ltd 14 September 2017 DA 03, Issue H Site + Staging Plan Architex Pty Ltd 14 September 2017 DA 04, Issue H Basement Level 2 Architex Pty Ltd 14 September 2017 DA 05, Issue H Basement Level 1 Architex Pty Ltd 14 September 2017 DA 06, Issue H Ground Floor Level Architex Pty Ltd 14 September 2017 DA 07, Issue H Level 1 Architex Pty Ltd 14 September 2017 DA 08, Issue H Level 2 Architex Pty Ltd 14 September 2017 DA09, Issue H Level 3 Architex Pty Ltd 14 September 2017 DA 10, Issue H Level 4 Architex Pty Ltd 14 September 2017 DA 11, Issue H Roof Plan Architex Pty Ltd 14 September 2017 DA 12, Issue H Site Elevations Architex Pty Ltd 14 September 2017 DA 13, Issue H Site Elevations Architex Pty Ltd 14 September 2017 DA 14, Issue H Site Elevations Architex Pty Ltd 14 September 2017 DA 15, Issue H Site Elevations Architex Pty Ltd 14 September 2017 DA 16, Issue H Site Elevations Architex Pty Ltd 14 September 2017 DA 17, Issue H Site Sections Architex Pty Ltd 14 September 2017 DA 18, Issue H Site Sections Architex Pty Ltd 14 September 2017 DA 19, Issue H Callout 1 – Basement Level 2 Architex Pty Ltd 14 September 2017 DA 20, Issue H Callout 2 – Basement Level 1 – Blocks A + B Architex Pty Ltd 14 September 2017 DA 21, Issue G Callout 3 – Basement Level 1 – Blocks C + D Architex Pty Ltd 31 August 2017 DA 22, Issue H Callout – Townhouse Block E Architex Pty Ltd 14 September 2017 DA 23, Issue H Callout 5 – Townhouse Block F Architex Pty Ltd 14 September 2017 DA 24, Issue H Callout 6 – Townhouse Block G Architex Pty Ltd 14 September 2017 DA 25, Issue H Callout 7 – Townhouse Block H Architex Pty Ltd 14 September 2017 DA 26, Issue G Typical Unit Layouts Block A – Typical Level Architex Pty Ltd 31 August 2017 DA 27, Issue H Typical Unit Layouts Block A – Level 4 Architex Pty Ltd 14 September 2017 DA 28, Issue H Typical Unit Layouts Block B – Typical Level Architex Pty Ltd 14 September 2017 DA 29, Issue H Typical Unit Layouts Block B – Level 4 Architex Pty Ltd 14 September 2017 DA 30, Issue G Typical Unit Layouts Block C – Typical Level Architex Pty Ltd 31 August 2017 DA 31, Issue H Typical Unit Layouts Block C – Level 4 Architex Pty Ltd 14 September 2017 DA 32, Issue H Typical Unit Layouts Block D Architex Pty Ltd 14 September 2017 DA 33, Issue H Typical Unit Layouts – Townhouse + Post-Adaptable Layout Architex Pty Ltd 14 September 2017 DA 34, Issue H Site Details Architex Pty Ltd 14 September 2017 DA 35, Issue H Driveway Ramp Sections Architex Pty Ltd 14 September 2017 DA 36, Issue H Waste Management Plan Architex Pty Ltd 14 September 2017 DA 37, Issue H 3D Building Height Plane Architex Pty Ltd 14 September 2017 DA 38, Issue H F.S.R + Deep Soil Calculation Diagrams Architex Pty Ltd 14 September 2017 DA 39, Issue H Landscaping + C.O.S Calculation Diagrams Architex Pty Ltd 14 September 2017 DA 40, Issue H Shadow Diagrams 9am 21st June Architex Pty Ltd 14 September 2017 DA 41, Issue H Shadow Diagrams 9noon 21st June Architex Pty Ltd 14 September 2017 DA 42, Issue H Shadow Diagrams 3pm 21st June Architex Pty Ltd 14 September 2017 DA 43, Issue H Mass Model Images Architex Pty Ltd 14 September 2017 DA 44, Issue H 3d Sections Architex Pty Ltd 14 September 2017 DA 45, Issue H Tree Retention Architex Pty Ltd 14 September 2017 DA 46, Issue H Cross Ventilation Architex Pty Ltd 14 September 2017 DA 47, Issue H Cross Ventilation – Block A Level 1 – 3 Architex Pty Ltd 14 September 2017 DA 48, Issue H Cross Ventilation Block A Level 4 Architex Pty Ltd 14 September 2017 DA 49, Issue H Cross Ventilation – Block B Ground Level Architex Pty Ltd 14 September 2017 DA 50, Issue H Cross Ventilation – Block B Level 1 – 3 Architex Pty Ltd 14 September 2017 DA 51, Issue H Cross Ventilation – Block B Level 4 Architex Pty Ltd 14 September 2017 DA 52, Issue H Cross Ventilation - Block C Ground Level Architex Pty Ltd 14 September 2017 DA 53, Issue H Cross Ventilation – Block C Level 1 – 3 Architex Pty Ltd 14 September 2017 DA 54, Issue H Cross Ventilation – Block C Level 4 Architex Pty Ltd 14 September 2017 DA 55, Issue H Cross Ventilation – Block D Ground Level Architex Pty Ltd 14 September 2017 DA 56, Issue H Cross Ventilation – Block D Level 1 – 3 Architex Pty Ltd 14 September 2017 DA 57, Issue H Cross Ventilation – Block D Level 4 Architex Pty Ltd 14 September 2017 DA 58, Issue H Solar Access – Block A Architex Pty Ltd 14 September 2017 DA 59, Issue H Solar Access – Block B Architex Pty Ltd 14 September 2017 DA 60, Issue H Solar Access – Block C Architex Pty Ltd 14 September 2017 DA 61, Issue H Solar Access – Block D Architex Pty Ltd 14 September 2017 1581.SP.01 (Issue C) Landscape Overall Plan Greenland Design Pty Ltd October 2017 1581.GD.01 (Issue C) Landscape Plan – Block A Ground Floor Greenland Design Pty Ltd October 2017 1581.GD.01A (Issue C) Landscape Plan – Block A Ground Floor Detailed Area 1 Greenland Design Pty Ltd October 2017 1581.GD.01B (Issue C) Landscape Plan – Block A Ground Floor Detailed Area 2 Greenland Design Pty Ltd October 2017 1581.GD.01C (Issue C) Landscape Plan – Block A Level 4 Greenland Design Pty Ltd October 2017 1581.GD.02 (Issue C) Landscape Plan – Block B Greenland Design Pty Ltd October 2017 1581.GD.02A (Issue C) Landscape Plan – Block B Ground Floor Detailed Area 1 Greenland Design Pty Ltd October 2017 1581.GD.02B (Issue C) Landscape Plan – Block B Ground Floor Detailed Area 2 Greenland Design Pty Ltd October 2017 1581.GD.02C (Issue C) Landscape Plan – Block B Level 4 Greenland Design Pty Ltd October 2017 1581.GD.03 (Issue C) Landscape Plan – Block C Greenland Design Pty Ltd October 2017 1581.GD.03A (Issue C) Landscape Plan – Block C Ground Floor Detailed Area Greenland Design Pty Ltd October 2017 1581.GD.03B (Issue C) Landscape Plan – Block C Level 4 Greenland Design Pty Ltd October 2017 1581.GD.04 (Issue C) Landscape Plan – Block D Greenland Design Pty Ltd October 2017 1581.GD.04A (Issue C) Landscape Plan – Block D Ground Floor Detailed Area Greenland Design Pty Ltd October 2017 1581.GD.04B (Issue C) Landscape Plan – Block D Level 4 Greenland Design Pty Ltd October 2017 1581.GD.05 (Issue C) Landscape Plan – Townhouses Area 1 Greenland Design Pty Ltd October 2017 1581.GD.05A (Issue C) Landscape Plan – Townhouses Area 1 Detailed Area 1 Greenland Design Pty Ltd October 2017 1581.GD.05B (Issue C) Landscape Plan – Townhouses Area 1 Detailed Area 2 Greenland Design Pty Ltd October 2017 1581.GD.06 (Issue C) Landscape Plan – Townhouses Area 2 Greenland Design Pty Ltd October 2017 1581.GD.06A (Issue C) Landscape Plan – Townhouses Area 2 Detailed Area Greenland Design Pty Ltd October 2017 1581.GD.07 (Issue C) Landscape Plan – Townhouses Area 3 Greenland Design Pty Ltd October 2017 1581.GD.07A (Issue C) Landscape Plan – Townhouses Area 3 Detailed Area Greenland Design Pty Ltd October 2017 1581.GD.08 (Issue C) Landscape Plan –Canal Park Greenland Design Pty Ltd October 2017 1581.GD.09 (Issue C) Landscape Plan –Community Park Greenland Design Pty Ltd October 2017 1581.GD.10 (Issue C) Landscape Details Greenland Design Pty Ltd October 2017 1581.GD.11 (Issue C) Landscape Specification Greenland Design Pty Ltd October 2017 SY1647C1, Issue D Cover Sheeet Barker Ryan Stewart Undated SY1647C102, Issue D Stormwater Drainage and Grading – Site Plan Barker Ryan Stewart 20 September 2017 SY1647C103, Issue D Basement 1 & Floor Plan – Drainage Barker Ryan Stewart 20 September 2017 SY1647C104, Issue D Bulk Earthworks Plan Barker Ryan Stewart 20 September 2017 SY1647C105, Issue D Proposed Road MC01 Longitudinal Sections and Typical Sections Barker Ryan Stewart 20 September 2017 SY1647C106, Issue D Proposed Road MC02 & M03 Longitudinal Sections and Typical Sections Barker Ryan Stewart 20 September 2017 SY1647C107, Issue D Existing and proposed Bike Path Longitudinal Section Barker Ryan Stewart 20 September 2017 SY1647C108, Issue D Catchment Plan Barker Ryan Stewart 20 September 2017 SY1647C109, Issue D Drainage Longitudinal Sections Sheet 1 and 2 Barker Ryan Stewart 20 September 2017 SY1647C110, Issue D Drainage Longitudinal Sections Sheet 2 of 2 Barker Ryan Stewart 20 September 2017 SY1647C111, Issue D Drainage Calculations Sheet 1 of 2 Barker Ryan Stewart 20 September 2017 SY1647C112, Issue D Drainage Calculations Sheet 2 of 2 Barker Ryan Stewart 20 September 2017 SY1647C113, Issue D Miscellaneous Details Barker Ryan Stewart 20 September 2017 SY1647C114, Issue D OSD Sections Barker Ryan Stewart 20 September 2017 SY1647C115, Issue D OSD Details Barker Ryan Stewart 20 September 2017 796748M_02 BASIX Certificate ESD Synergy 14 November 2017 796824M_02 BASIX Certificate ESD Synergy 14 November 2017 796866M_02 BASIX Certificate ESD Synergy 14 November 2017