Universal Property Group Pty Ltd v Blacktown City Council [2018] NSWLEC 1145

Land and Environment Court New South Wales

Medium Neutral Citation: Universal Property Group Pty Ltd v Blacktown City Council [2018] NSWLEC 1145 Hearing dates: Conciliation conference on 23 January 2018, 7 February 2018, 27 February 2018, 28 February 2018, 7 March 2018 and 12 March 2018 Date of orders: 21 March 2018 Decision date: 21 March 2018 Jurisdiction: Class 1 Before: Chilcott C Decision: See (4) below Catchwords: DEVELOPMENT APPLICATION: 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: Solicitor: Mr Colin McFadzean, Swaab Attorneys (Applicant) Ms Laura Raffaele, Bartier Perry (Respondent) File Number(s): 2017/275771 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 amend Development Application No. SPP-17-00019 and to rely upon the following amended plans, copies of which are behind Annexure "A": Drawing / Document Number Drawing/Document Title Prepared by Date DA01 Rev D Master Plan/Site Plan The Bathla Group 7 February 2018 DA02 Rev D Site Analysis " 7 February 2018 DA03 Rev D Lot 1 - Ground Floor Plan – Part 1 " 7 February 2018 DA04 Rev D Lot 1 - Ground Floor Plan – Part 2 " 7 February 2018 DA05 Rev D Lot 1 - First Floor Plan – Part 1 " 7 February 2018 DA06 Rev D Lot 1 – First Floor Plan – Part 2 " 7 February 2018 DA07 Rev D Lot 1 Elevations " 7 February 2018 DA08 Rev D Lot 1 Elevations " 7 February 2018 DA09 Rev C Lot 1 Elevations / Sections " 16 January 2018 DA10 Rev C Lot 1 Shadow Analysis " 16 January 2018 DA11 Rev D Lot 2 – Ground Floor Plan – Part 1 " 7 February 2018 DA12 Rev D Lot 2 – Ground Floor Plan – Part 2 " 7 February 2018 DA13 Rev D Lot 2 – First Floor Plan – Part 1 " 7 February 2018 DA14 Rev D Lot 2 – First Floor Plan – Part 2 " 7 February 2018 DA15 Rev D Lot 2 Elevations " 7 February 2018 DA16 Rev D Lot 2 Elevations " 7 February 2018 DA17 Rev D Lot 2 Section " 7 February 2018 DA18 Rev D Lot 2 Shadow Analysis " 7 February 2018 DA19 Rev D Lot 3 – Ground Floor Plan – Part 1 " 7 February 2018 DA20 Rev D Lot 3 – Ground Floor Plan – Part 2 " 7 February 2018 DA21 Rev D Lot 3 – First Floor Plan – Part 1 " 7 February 2018 DA22 Rev D Lot 3 – First Floor Plan – Part 2 The Bathla Group 7 February 2018 DA23 Rev B Lot 3 Elevations " 15 December 2017 DA24 Rev D Lot 3 Elevations " 7 February 2018 DA25 Rev D Lot 3 Sections " 7 February 2018 DA26 Rev D Lot 3 Shadow Analysis " 7 February 2018 DA27 Rev D Lot 3 Shadow Analysis With Fencing " 7 February 2018 Issue B Main Body Colour Schemes " 17 January 2018 Issue C Lot 1 Colour Schedule " 7 February 2018 Issue C Lot 1 Colour Schedule " 7 February 2018 Issue B Lot 2 Colour Schedule " 17 January 2018 Issue B Lot 3 Colour Schedule " 17 January 2018 Issue B Lot 3 Colour Schedule " 17 January 2018 LP-ST01 Rev C Concept Landscape Plan " 5 February 2018 LP-ST01 Rev C Landscape Sections " 5 February 2018 000 Rev B Orion Consulting Engineers 16 January 2018 001 Rev B General Layout Plan, Notes & Legend " 16 January 2018 002 Rev B Tree Removal Plan " 16 January 2018 003 Rev B Site Regrading Plan " 16 January 2018 004 Rev B Site Regrading Section Plan " 16 January 2018 005 Rev B Site Regrading Sections – Sheet 01 of 04 " 16 January 2018 006 Rev B Site Regrading Sections – Sheet 02 of 04 " 16 January 2018 007 Rev B Site Regrading Sections – Sheet 03 of 04 " 16 January 2018 008 Rev B Site Regrading Sections – Sheet 04 of 04 " 16 January 2018 010 Rev B Sediment & Erosion Control Plan " 16 January 2018 011 Rev B Sediment & Erosion Control Notes & Details " 16 January 2018 013 Rev B Engineering Plan – Sheet 1 of 4 " 16 January 2018 014 Rev B Engineering Plan – Sheet 2 of 4 " 16 January 2018 015 Rev B Engineering Plan – Sheet 3 of 4 " 16 January 2018 016 Rev B Engineering Plan – Sheet 4 of 4 " 16 January 2018 017 Rev B Retaining Wall & Finish Floor Level – Sheet 1 of 4 " 16 January 2018 018 Rev B Retaining Wall & Finish Floor Level – Sheet 2 of 4 " 16 January 2018 019 Rev B Retaining Wall & Finish Floor Level – Sheet 3 of 4 " 16 January 2018 020 Rev B Retaining Wall & Finish Floor Level – Sheet 4 of 4 " 16 January 2018 021 Rev B Road Long Sections – 1 of 3 " 16 January 2018 022 Rev B Road Long Sections – 2 of 3 " 16 January 2018 023 Rev B Road Long Sections – 3 of 3 " 16 January 2018 024 Rev B Driveways Long Section – Sheet 1 of 2 " 16 January 2018 025 Rev B Driveways Long Section – Sheet 2 of 2 " 16 January 2018 026 Rev B Road & Driveway Typical Cross Sections " 16 January 2018 030 Rev B Catchment Plan " 16 January 2018 031 Rev B Overall Catchment Plan " 16 January 2018 040 Rev B Basin No. 01, 02 & 03 Layout Plan " 16 January 2018 041 Rev B DCP Sections & Details " 16 January 2018 042 Rev B Bio-Retention Details " 16 January 2018 043 Rev B Bio-Retention Planting Plans " 16 January 2018