Land and Environment Court New South Wales Medium Neutral Citation: Universal Property Group Pty Ltd v Penrith City Council [2017] NSWLEC 1745 Hearing dates: Conciliation conference on 18 October 2017 Date of orders: 22 December 2017 Decision date: 22 December 2017 Jurisdiction: Class 1 Before: Bish C Decision: See (4) below Catchwords: DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders Legislation Cited: Environmental Planning Assessment Act 1979 Land and Environment Court Act 1979 Category: Principal judgment Parties: Universal Property Group Pty Ltd (Applicant) Penrith City Council (Respondent) Representation: Solicitors: Ms E Flemming, SWAAB Attorneys (Applicant) Mr C Campbell, Sparke Helmore (Respondent) File Number(s): 2017/171233 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 DA01/03 (Rev 3) Site Plan Universal Property Group 01/11/2017 DA02/03 (Rev 3) Subdivision Plan Universal Property Group 01/11/2017 DA03/03 (Rev 3) Building Envelope Plan Universal Property Group 01/11/2017 CC-0500 (Rev C) Cover Sheet Aurecon 30 November 2017 CC-0501 (Rev E) Stage 3: Residential Development General Notes Sheet 1 of 2 Aurecon 30 November 2017 CC-0502 (Rev E) Stage 3: Residential Development General Notes Sheet 2 of 2 Aurecon 30 November 2017 CC-0503 (Rev E) Stage 3: Residential Development Survey Plan Aurecon 30 November 2017 CC-0504 (Rev E) Stage 3: Residential Development Site Layout Plan Aurecon 30 November 2017 CC-0505 (Rev E) Stage 3: Residential Development Erosion and Sediment Control Plan Aurecon 30 November 2017 CC-0508 (Rev E) Stage 3: Residential Development Erosion and Sediment Control Details Aurecon 30 November 2017 CC-0509 (Rev E) Stage 3: Residential Development Earthworks Plan Aurecon 30 November 2017 CC-0510 (Rev E) Stage 3: Residential Development Earthworks Sections Aurecon 30 November 2017 CC-0511 (Rev E) Stage 3: Residential Development Typical Road Cross Section Aurecon 30 November 2017 CC-0512 (Rev E) Stage 3: Residential Development Payment Details Aurecon 30 November 2017 CC-0520 (Rev E) Stage 3: Residential Development General Arrangement Plan Sheet 1 of 7 Aurecon 30 November 2017 CC-0521 (Rev E) Stage 3: Residential Development General Arrangement Plan Sheet 2 of 7 Aurecon 30 November 2017 CC-0522 (Rev E) Stage 3: Residential Development General Arrangement Plan Sheet 3 of 7 Aurecon 30 November 2017 CC-0523 (Rev E) Stage 3: Residential Development General Arrangement Plan Sheet 4 of 7 Aurecon 30 November 2017 CC-0524 (Rev E) Stage 3: Residential Development General Arrangement Plan Sheet 5 of 7 Aurecon 30 November 2017 CC-0525 (Rev E) Stage 3: Residential Development General Arrangement Plan Sheet 6 of 7 Aurecon 30 November 2017 CC-0526 (Rev C) Stage 3: Residential Development General Arrangement Plan Sheet 7 of 7 Aurecon 30 November 2017 CC-0530 (Rev E) Stage 3: Residential Development Road Longitudinal Section Sheet 1 of 3 Aurecon 30 November 2017 CC-0531 (Rev E) Stage 3: Residential Development Road Longitudinal Section Sheet 2 of 3 Aurecon 30 November 2017 CC-0532 (Rev E) Stage 3: Residential Development Road Longitudinal Section Sheet 3 of 3 Aurecon 30 November 2017 CC-0535 (Rev D) Stage 3: Residential Development Road 4 Cross Section Sheet 1 of 5 Aurecon 30 November 2017 CC-0536 (Rev D) Stage 3: Residential Development Road 4 Cross Section Sheet 2 of 5 Aurecon 30 November 2017 CC-0537 (Rev D) Stage 3: Residential Development Road 4 Cross Section Sheet 3 of 5 Aurecon 30 November 2017 CC-0538 (Rev D) Stage 3: Residential Development Road 4 Cross Section Sheet 4 of 5 Aurecon 30 November 2017 CC-0539 (Rev D) Stage 3: Residential Development Road 4 Cross Section Sheet 5 of 5 Aurecon 30 November 2017 CC-0540 (Rev D) Stage 3: Residential Development Road 5 Cross Section Sheet 1 of 4 Aurecon 30 November 2017 CC-0541 (Rev D) Stage 3: Residential Development Road 5 Cross Section Sheet 2 of 4 Aurecon 30 November 2017 CC-0542 (Rev D) Stage 3: Residential Development Road 5 Cross Section Sheet 3 of 4 Aurecon 30 November 2017 CC-0543 (Rev D) Stage 3: Residential Development Road 5 Cross Section Sheet 4 of 4 Aurecon 30 November 2017 CC-0544 (Rev D) Stage 3: Residential Development Road 6 Cross Section Aurecon 30 November 2017 CC-0545 (Rev D) Stage 3: Residential Development Road 7 Cross Section Aurecon 30 November 2017 CC-0546 (Rev D) Stage 3: Residential Development Road 8 Cross Section Sheet 1 of 3 Aurecon 30 November 2017 CC-0547 (Rev D) Stage 3: Residential Development Road 8 Cross Section Sheet 2 of 3 Aurecon 30 November 2017 CC-0548 (Rev D) Stage 3: Residential Development Road 8 Cross Section Sheet 3 of 3 Aurecon 30 November 2017 CC-0550 (Rev E) Stage 3: Residential Development Road Setout Plan Aurecon 30 November 2017 CC-0551 (Rev E) Stage 3: Residential Development Road 5 Setout Tables Aurecon 30 November 2017 CC-0555 (Rev E) Stage 3: Residential Development Intersection set-out and Grading Plan Sheet 1 of 4 Aurecon 30 November 2017 CC-0556 (Rev E) Stage 3: Residential Development Intersection set-out and Grading Plan Sheet 2 of 4 Aurecon 30 November 2017 CC-0557 (Rev E) Stage 3: Residential Development Intersection set-out and Grading Plan Sheet 3 of 4 Aurecon 30 November 2017 CC-0558 (Rev E) Stage 3: Residential Development Intersection set-out and Grading Plan Sheet 4 of 4 Aurecon 30 November 2017 CC-0560 (Rev E) Stage 3: Residential Development Stormwater Catchment Plan Aurecon 30 November 2017 CC-0561 (Rev E) Stage 3: Residential Development Stormwater Longsections Sheet 1 of 3 Aurecon 30 November 2017 CC-0562 (Rev E) Stage 3: Residential Development Stormwater Longsections Sheet 2 of 3 Aurecon 30 November 2017 CC-0563 (Rev E) Stage 3: Residential Development Stormwater Longsections Sheet 3 of 3 Aurecon 30 November 2017 CC-0569 (Rev E) Stage 3: Residential Development Stormwater Drainage Calculations Aurecon 30 November 2017 CC-0570 (Rev E) Stage 3: Residential Development Stormwater Pit Descriptions Aurecon 30 November 2017 CC-0571 (Rev E) Stage 3: Residential Development Stormwater Drainage Details Sheet 1 of 2 Aurecon 30 November 2017 CC-0572 (Rev E) Stage 3: Residential Development Stormwater Drainage Details Sheet 2 of 2 Aurecon 30 November 2017 CC-0575 (Rev C) Stage 3: Residential Development On-site Detention Basin Basin Details Aurecon 30 November 2017 CC-0576 (Rev C) Stage 3: Residential Development On-site Detention Basin Basin Details Aurecon 30 November 2017 Stormwater Management Strategy, South Werrington Urban Village Precinct, Revision 8 dated 30 November 2017 1. The appeal is upheld. 2. The Applicant is to pay the Respondent's costs in the amount of $4500 under s 97B of the Environmental Planning Assessment Act 1979. 3. Development Application No. DA-16-1148, for the subdivision of Lot 102 in DP1140594 (known as 16 Chapman Street, Werrington) into 94 residential allotments (proposed Lots 1-94) and 1 superlot (proposed Lot 95), including roadworks, stormwater drainage, street tree planting and landscaping is approved subject to the conditions in Annexure 'A'. ………………………. Commissioner Bish Annexure A (C) (290 KB, pdf) Plans (12.1 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: 22 December 2017