Land and Environment Court New South Wales Medium Neutral Citation: Universal Property Group Pty Ltd v Blacktown City Council [2018] NSWLEC 1149 Hearing dates: Conciliation conference on 15 and 31 January 2018; 14 and 26 February 2018; 8 and 16 March 2018 Date of orders: 23 March 2018 Decision date: 23 March 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: Emma Fleming, Swaab Attorneys (Applicant) Laura Raffaele, Bartier Perry (Respondent) File Number(s): 2017/268600 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': Proposed Lot 6 amended material: Drawing reference Title Prepared by Date DA000, Revision 4 Cover Page The Bathla Group 01 March 2018 DA001, Revision 4 Site Analysis The Bathla Group 01 March 2018 DA002, Revision 4 Site Plan The Bathla Group 01 March 2018 DA003, Revision 4 Ground Floor Part 1 The Bathla Group 01 March 2018 DA004, Revision 4 Ground Floor Part 2 The Bathla Group 01 March 2018 DA005, Revision 4 First Floor Part 1 The Bathla Group 01 March 2018 DA006, Revision 4 First Floor Part 2 The Bathla Group 01 March 2018 DA007, Revision 4 Elevations & Section The Bathla Group 01 March 2018 DA008, Revision 4 Elevations& Sections The Bathla Group 01 March 2018 DA009, Revision 4 Shadow 1 The Bathla Group 01 March 2018 DA010, Revision 4 Shadow 2 The Bathla Group 01 March 2018 DA011, Revision 4 Site Coverage The Bathla Group 01 March 2018 LP-01, Revision C Lot 6 – Landscape Plan The Bathla Group 26 February 2018 SY170226C600, Revision B Cover Sheet – General Notes, Sheet Index and Legend Barker Ryan Stewart Undated SY170226C603, Revision B Overall Site Plan Barker Ryan Stewart 31 January 2018 SY170226C603, Revision B Typical Driveway Section & Stormwater Filter Details Barker Ryan Stewart 31 January 2018 SY170226C604, Revision B Water Quality Catchment Plan Barker Ryan Stewart 31 January 2018 SY170226C605, Revision B Soil and Water Management Plan Barker Ryan Stewart 31 January 2018 SY170226C606, Revision B Soil and Water Management Details Barker Ryan Stewart 31 January 2018 Proposed Lot 7 amended material: Drawing reference Title Prepared by Date DA001, Revision 4 Site Analysis The Bathla Group 28 February 2018 DA002, Revision 4 Site Plan The Bathla Group 28 February 2018 DA003, Revision 4 Ground Floor The Bathla Group 28 February 2018 DA004, Revision 4 First Floor The Bathla Group 28 February 2018 DA005, Revision 4 Elevations & Section The Bathla Group 28 February 2018 DA006, Revision 4 Shadow Analysis 1 The Bathla Group 28 February 2018 DA007, Revision 4 Shadow Analysis 2 The Bathla Group 28 February 2018 DA008, Revision 4 Site Coverage The Bathla Group 28 February 2018 LP-001, Revision C Landscape Plan The Bathla Group 26 February 2018 SY170226C700, Revision B Cover Sheet – General Notes, Sheet Index and Legend Barker Ryan Stewart 31 January 2018 SY170226C702, Revision B General Arrangement Plan Barker Ryan Stewart 31 January 2018 SY170226C703, Revision B Typical Driveway Section & Stormwater Filter Details Barker Ryan Stewart 31 January 2018 SY170226C704, Revision B Water Quality Catchment Plan Barker Ryan Stewart 31 January 2018 SY170226C705, Revision B Soil and Water Management Plan Barker Ryan Stewart 31 January 2018 SY170226C706, Revision B Soil and Water Management Details Barker Ryan Stewart 31 January 2018 Proposed Lot 8 amended material: Drawing reference Title Prepared by Date DA001, Revision 4 Site Analysis The Bathla Group 28 February 2018 DA002, Revision 4 Site Plan The Bathla Group 28 February 2018 DA003, Revision 4 Ground Floor The Bathla Group 28 February 2018 DA004, Revision 3 First Floor The Bathla Group 29 January 2018 DA005, Revision 4 Elevations & Section The Bathla Group 28 February 2018 DA006, Revision 4 Shadow Analysis 1 The Bathla Group 28 February 2018 DA007, Revision 4 Shadow Analysis 2 The Bathla Group 28 February 2018 DA008, Revision 4 Site Coverage The Bathla Group 28 February 2018 LP-001, Revision C Landscape Plan The Bathla Group 26 February 2018 SY170226C800, Revision B Cover Sheet – General Notes, Sheet Index and Legend Barker Ryan Stewart 31 January 2018 SY170226C802, Revision B General Arrangement Plan Barker Ryan Stewart 31 January 2018 SY170226C803, Revision B Typical Driveway Section & Stormwater Filter Details Barker Ryan Stewart 31 January 2018 SY170226C804, Revision B Water Quality Catchment Plan Barker Ryan Stewart 31 January 2018 SY170226C805, Revision B Soil and Water Management Plan Barker Ryan Stewart 31 January 2018 SY170226C806, Revision B Soil and Water Management Details Barker Ryan Stewart 31 January 2018 SY170226C807, Revision B Soil and Water Management Details Barker Ryan Stewart 31 January 2018 Proposed Lot 10 amended material: Drawing reference Title Prepared by Date DA001, Revision 4 Site Analysis The Bathla Group 28 February 2018 DA002, Revision 4 Site Plan The Bathla Group 28 February 2018 DA003, Revision 4 Ground Floor The Bathla Group 28 February 2018 DA004, Revision 4 First Floor The Bathla Group 28 February 2018 DA005, Revision 4 Elevations & Section The Bathla Group 28 February 2018 DA006, Revision 4 Shadow Analysis 1 The Bathla Group 28 February 2018 DA007, Revision 4 Shadow Analysis 2 The Bathla Group 28 February 2018 DA008, Revision 4 Site Coverage The Bathla Group 28 February 2018 LP-001, Revision C Landscape Plan The Bathla Group 26 February 2018 SY170226C100, Revision B Cover Sheet – General Notes, Sheet Index and Legend Barker Ryan Stewart 31 January 2018 SY170226C102, Revision B General Arrangement Plan Barker Ryan Stewart 31 January 2018 SY170226C103, Revision B Typical Driveway Section & Stormwater Filter Details Barker Ryan Stewart 31 January 2018 SY170226C104, Revision B Water Quality Catchment Plan Barker Ryan Stewart 31 January 2018 SY170226C105, Revision B Soil and Water Management Plan Barker Ryan Stewart 31 January 2018 SY170226C106, Revision B Soil and Water Management Details Barker Ryan Stewart 31 January 2018 Other amended material Document reference Title Prepared by Date Issue C Colour Schedule The Bathla Group 1 March 2018 SY170226, Revision 2 Stormwater Barker Ryan Stewart 31 January 2018 Management Report 20171661.1, Revision 0 Traffic Noise Intrusion Assessment Acoustic Logic 27 November 2017 A18013 Bushfire Protection Assessment Travers Bushfire & February 2018 Ecology 1. The appeal is upheld. 2. Development Application No. SPP-17-00018 for the construction of two storey multi dwellings on each proposed Lots 6, 7, 8 & 10 in the proposed subdivision of Lot 51 DP1196583, known as 1086 Richmond Road, Marsden Park (approved under DA16-03182) containing a total of 192 dwellings (Lot 6 x 66 dwellings, Lot 7 x 48 dwellings, Lot 8 x 38 dwellings and Lot 10 x 40 dwellings), including residential and visitor car spaces and internal private roads, storm water drainage vegetation removal and landscaping, subject to the conditions in Annexure 'B'. 3. The Applicant is to pay the Respondent's costs under section 8.15(3) of the Environmental Planning Assessment Act 1979 as agreed or assessed. ………………………. Michael Chilcott Commissioner of the Court Annexure A (Plans) (16.7 MB, pdf) Annexure B (542 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: 23 March 2018