Land and Environment Court New South Wales Medium Neutral Citation: Universal Property Group Pty Limited v Penrith City Council [2018] NSWLEC 1068 Hearing dates: Conciliation conference on 18 and 24 October, 21 November, 4 and 8 December 2017 and 16 February 2018 Date of orders: 16 February 2018 Decision date: 16 February 2018 Jurisdiction: Class 2 Before: Dickson 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 Limited (Applicant) Penrith City Council (Respondent) Representation: Dr James Smith, (Applicant) Christopher Drury, (Respondent) Swaab Attorneys (Applicant) Sparke Helmore (Respondent) File Number(s): 2017/187168 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: Plan No. Revision No. Date Sheet title CC-0300 01 30.01.2018 Cover Sheet CC-0301 01 30.01.2018 General Notes Sheet 1 of 2 CC-0302 01 30.01.2018 General Notes Sheet 2 of 2 CC-0305 01 30.01.2018 Erosion and Sediment Control Plan CC-0306 01 30.01.2018 Erosion and Sediment Control Details CC-0310 01 30.01.2018 General Arrangement Plan – Sheet 1 of 2 CC-0310A 01 30.01.2018 General Arrangement Plan – Temporary Layout Sheet 1 of 2 CC-0311 01 30.01.2018 General Arrangement Plan – Sheet 2 of 2 CC-0311A 01 30.01.2018 General Arrangement Plan – Temporary Layout Sheet 2 of 2 CC-0315 01 30.01.2018 Basin Sections CC-0315A 01 30.01.2018 Basin Sections Temporary Layout CC-0320 01 30.01.2018 Stormwater Drainage Details Plan CC-0320A 01 30.01.2018 Stormwater Drainage Details – Temporary Layout CC-0330 01 30.01.2018 Stormwater Catchment 1. The appeal is upheld. 2. Approval is granted under section 68 of the Local Government Act 1993 for stormwater drainage work at Lot 102 DP 1140544, known as 16 Chapman Street, Werrington, as required by condition 31 of DA14/0627, in accordance with the plans listed at paragraph 2(a) and subject to the conditions at Annexure "A". ………………………. D M Dickson Commissioner of the Court Annexure A (21.1 KB, pdf) Annexure B (5.56 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: 16 February 2018