Land and Environment Court New South Wales Medium Neutral Citation: Universal Property Group Pty Ltd v Cumberland Council [2018] NSWLEC 1050 Hearing dates: Conciliation conference on 2 February 2018 Date of orders: 02 February 2018 Decision date: 02 February 2018 Jurisdiction: Class 1 Before: Chilcott 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: Solicitor: Ms E Fleming, Swaab Attorneys (Applicant) Mr A Seton, Marsdens Law Group (Respondent) File Number(s): 2017/221053 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 copies of which are behind Annexure "A: Drawing No. and Issue Drawing Title Prepared by Date of Plan DA 1- 01, Issue C Master Plan The Bathla Group 5 December 2017 DA 1-02, Issue B Lot 1 Site Analysis The Bathla Group 20 November 2017 DA 1-03, Issue C Lot 1 Ground Floor Plan/Site plan The Bathla Group 5 December 2017 DA 1-04, Issue C Lot 1 First Floor Plan The Bathla Group 5 December 2017 DA 1-05, Issue C Lot 1 Elevations The Bathla Group 5 December 2017 DA 1-06, Issue C Lot 1 Elevations-002 The Bathla Group 5 December 2017 DA 1-07, Issue C Shadow Analysis The Bathla Group 5 December 2017 DA 2-02, Issue B Lot 2 Site Analysis The Bathla Group 20 November 2017 DA 2-03, Issue B Lot 2 Ground Floor Plan/Site plan The Bathla Group 520 November 2017 DA 2-04, Issue B Lot 2 First Floor Plan The Bathla Group 20 November 2017 DA 2-05, Issue B Lot 2 Elevations and Sections The Bathla Group 20 November 2017 DA 2-06, Issue B Lot 2 Shadow Analysis The Bathla Group 20 November 2017 DA 3-02, Issue C Lot 3 Site Analysis The Bathla Group 5 December 2017 DA 3-03, Issue C Lot 3 Ground Floor Plan/Site plan The Bathla Group 5 December 2017 DA 3-04, Issue B Lot 3 First Floor Plan The Bathla Group 20 November 2017 DA 3-05, Issue C Lot 3 Elevations and Sections The Bathla Group 5 December 2017 DA 3-06, Issue C Lot 3 Shadow Analysis The Bathla Group 5 December 2017 Issue A Materials, finishes and colours Bathla Group 17 November 2017 000, Rev C Cover Sheet Orion Consulting Undated 001, Rev C General Arrangement Plan, Notes and Legend Orion Consulting 13 December 2017 002, Rev C Site Regrading Plan Orion Consulting 13 December 2017 003, Rev C Site Regrading Sections – Sheet 01 of 02 Orion Consulting 13 December 2017 004, Rev C Site Regrading Sections Sheet 02 of 02 Orion Consulting 13 December 2017 010, Rev C Sediment & Erosion Control Plan Orion Consulting 13 December 2017 011, Rev C Sediment & Erosion Control Notes & Details Orion Consulting 13 December 2017 013, Rev C Engineering Plan Orion Consulting 13 December 2017 014, Rev C Road Classification Plan Orion Consulting 13 December 2017 020, Rev C Road Longitudinal Sections – Sheet 01 of 05 Orion Consulting 13 December 2017 021, Rev C Road Longitudinal Sections – Sheet 02 of 05 Orion Consulting 13 December 2017 022, Rev C Road Longitudinal Sections – Sheet 03 of 05 Orion Consulting 13 December 2017 023, Rev C Road Longitudinal Sections – Sheet 04 of 05 Orion Consulting 13 December 2017 024, Rev C Road Longitudinal Sections – Sheet 05 of 05 Orion Consulting 13 December 2017 030, Rev C Catchment Plan Orion Consulting 13 December 2017 031, Rev C Overall Catchment Plan Orion Consulting 13 December 2017 032, Rev C Drainage Long Section sheet 01 of 03 Orion Consulting 13 December 2017 033, Rev C Drainage Long Section sheet 02 of 03 Orion Consulting 13 December 2017 034, Rev C Drainage Long Section sheet 03 of 03 Orion Consulting 13 December 2017 040, Rev C Basin Setout Plan, sections & details Orion Consulting 13 December 2017 041, Rev C Bio Retention Details and Planting Orion Consulting 13 December 2017 050, Rev C Retaining Wall Plan Orion Consulting 13 December 2017 051, Rev C Retaining Wall Notes and Details Orion Consulting 13 December 2017 BASIX Certificates: 821125M_02, 821164M_02 and 821242M 1. The appeal is upheld. 2. The Applicant is to pay the Respondent's costs under section 97B of the Environmental Planning Assessment Act 1979 as agreed or assessed. 3. Development application No. DA-17-00852 for the construction of 115 two storey multi-dwellings on proposed Lot 1 (39 dwellings), Lot 2 (39 dwellings) and Lot 3 (37 dwellings) in the subdivision of Lot 6 Section Q in DP712 (known as 124 Cranbourne Street, Riverstone) as approved in DA16-05399, including the construction of internal roads and access ways associated drainage, open space, removal of trees and landscaping, is approved subject to the conditions in Annexure "B". ………………………. Michael Chilcott Commissioner of the Court Annexure A (17.1 MB, pdf) Annexure B (405 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: 12 February 2018