Land and Environment Court New South Wales Medium Neutral Citation: Universal Property Group Pty Ltd v Blacktown City Council [2018] NSWLEC 1196 Hearing dates: Conciliation conference on 30 November and 21 December 2017, and 25 January, 2 February and 20 April 2018 Date of orders: 20 April 2018 Decision date: 20 April 2018 Jurisdiction: Class 1 Before: Brown C Decision: See [5] below Catchwords: DEVELOPMENT APPLICATION: subdivision, creation of three lots, a residue lot, public roads and subsequent construction of 25 dwellings in a multi-dwelling development including site works, construction of driveways, car parking, stormwater drainage, tree removal and associated landscaping works 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: Solicitors: E Fleming, Herbert Geer (Applicant) D Creais, Bartier Perry (Respondent) File Number(s): 2017/188468 Publication restriction: No Judgment 1. COMMISSIONER: This is an appeal by Universal Property Group Pty Ltd against the deemed refusal by Council of Development Application No. DA-17-00632 for the proposed subdivision, creation of three lots, a residue lot, public roads and subsequent construction of 25 dwellings in a multi-dwelling development including site works, construction of driveways, car parking, stormwater drainage, tree removal and associated landscaping works on Lot 72 in DP 28833 land known as 93 Hambledon Road, Schofields. 2. 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". 3. 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. 4. 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. 5. 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 reference Title Prepared by Date DA01, Rev 2 Site Analysis Universal Property Group Pty Ltd 21 November 2017 DA02, Rev 2 Subdivision Plan Universal Property Group Pty Ltd 21 November 2017 DA03, Rev 3 Site Plan Universal Property Group Pty Ltd 30 November 2017 DA04, Rev 3 Ground Floor Plan Universal Property Group Pty Ltd 30 November 2017 DA05, Rev 2 First Floor Plan Universal Property Group Pty Ltd 21 November 2017 DA06, Rev 2 Elevations Universal Property Group Pty Ltd 21 November 2017 DA07, Rev 2 Elevations and Sections Universal Property Group Pty Ltd 21 November 2017 DA08, Rev 2 Shadow Analysis Universal Property Group Pty Ltd 21 November 2017 DA09, Rev 2 Shadow Matrix Universal Property Group Pty Ltd 21 November 2017 P93-C02-001, Issue P05 Cover Sheet Arup Consulting Engineers Undated P93-C02-002, Issue P05 Locality Plan, Drawing Schedule and Legend Arup Consulting Engineers 7 March 2018 P93-C02-100, Issue P05 Bulk Earthworks Multi Dwelling Development Lots Sheet 1 of 2 Arup Consulting Engineers 7 March 2018 P93-C02-101, Issue P05 Bulk Earthworks Multi Dwelling Development Lots Sheet 2 of 2 Arup Consulting Engineers 7 March 2018 P93-C02-102, Issue P05 Bulk Earthworks Driveway No's 1 and 2 Longitudinal Sections and Typical Sections 1 and 2 Arup Consulting Engineers 7 March 2018 P93-C02-103, Issue P05 Bulk Earthworks Stage 1 Cut and Fill Plan Arup Consulting Engineers 7 March 2018 P93-C02-104, Issue P05 Bulk Earthworks Stage 2 Cut and Fill Plan Arup Consulting Engineers 7 March 2018 P93-C02-200, Issue P05 Index plan and section 94 Works Arup Consulting Engineers 7 March 2018 P93-C02-201, Issue P05 Roadworks and Drainage Setout Plan Sheet 1 of 4 Arup Consulting Engineers 7 March 2018 P93-C02-202, Issue P05 Roadworks and Drainage Setout Plan Sheet 2 of 4 Arup Consulting Engineers 7 March 2018 P93-C02-203, Issue P05 Roadworks and Drainage Setout Plan Sheet 3 of 4 Arup Consulting Engineers 7 March 2018 P93-C02-204, Issue P05 Roadworks and Drainage Setout Plan Sheet 4 of 4 Arup Consulting Engineers 7 March 2018 P93-C02-205, Issue P05 Proposed Jerralong Dr. Longitudinal Section and Typical Cross Section Arup Consulting Engineers 7 March 2018 P93-C02-206, Issue P05 Future Road No. 2 Connection, Road No. 3 Longitudinal Sections and Typical Cross Sections Arup Consulting Engineers 7 March 2018 P93-C02-207, Issue P05 Road No. 4 Longitudinal Section and Typical Cross Section Arup Consulting Engineers 7 March 2018 P93-C02-208, Issue P05 Future Road No. 4 Longitudinal Sections Arup Consulting Engineers 7 March 2018 P93-C02-209, Issue P05 Road No. 5 Longitudinal Section and Typical Cross Section Arup Consulting Engineers 7 March 2018 P93-C02-250, Issue P05 Retaining Wall No. 1 Longitudinal Section and Earthworks Excavation Details Arup Consulting Engineers 7 March 2018 P93-C02-251, Issue P05 Retaining Wall No. 2 Longitudinal Section and Earthworks Excavation Details Arup Consulting Engineers 7 March 2018 P93-C02-300, Issue P05 Trunk Drainage Culvert (Section 94 Works) Longitudinal Section Line No. 901 Arup Consulting Engineers 7 March 2018 P93-C02-301, Issue P05 Drainage External Catchment Plan Section 94 Works Arup Consulting Engineers 7 March 2018 P93-C02-302, Issue P05 Drainage Catchment Plan Arup Consulting Engineers 7 March 2018 P93-C02-303, Issue P05 Drainage Calculation Sheet 1 of 3 Arup Consulting Engineers 7 March 2018 P93-C02-304, Issue P05 Drainage Calculation Sheet 2 of 3 Arup Consulting Engineers 7 March 2018 P93-C02-305, Issue P05 Drainage Calculation Sheet 3 of 3 Arup Consulting Engineers 7 March 2018 P93-C02-306, Issue P05 Drainage Longitudinal Section Line No's 1, 1A, 2, 3, 4, 5, 6, 7, and 8 Arup Consulting Engineers 7 March 2018 P93-C02-307, Issue P05 Drainage Longitudinal Section Line No's 9, 10, 11, 12, 13, 15, 17, 29, 32, 34, Basin Inlet & Basin Outlet Arup Consulting Engineers 7 March 2018 P93-C02-308, Issue P05 Drainage Longitudinal Section Line No. Culvert 901 Arup Consulting Engineers 7 March 2018 SK(D)011, Issue P02 Future Drainage Plan Arup Consulting Engineers 7 March 2018 SK(D)012, Issue P02 Future Drainage Catchment Plan Arup Consulting Engineers 7 March 2018 SK(D)013, Issue P02 Future Drainage Calculation Sheet 1 of 4 Arup Consulting Engineers 7 March 2018 SK(D)014, Issue P02 Future Drainage Calculation Sheet 2 of 4 Arup Consulting Engineers 7 March 2018 SK(D)015, Issue P02 Future Drainage Calculation Sheet 3 of 4 Arup Consulting Engineers 7 March 2018 SK(D)016, Issue P02 Future Drainage Calculation Sheet 4 of 4 Arup Consulting Engineers 7 March 2018 SK(D)017, Issue P02 Future Drainage Longitudinal Section Line No's 1, 1-F, 1-INT, 1A, 2 and 3 Arup Consulting Engineers 7 March 2018 SK(D)018, Issue P02 Future Drainage Longitudinal Section Line No's 3-F, 4, 5, 6, 8, 8-F, 9, 9-f, 10, 11, 12, 13, 15, 16, 17, 18, 19 & 20 Arup Consulting Engineers 7 March 2018 SK(D)019, Issue P02 Future Drainage Longitudinal Section Line No's 20, 21, 22, 22, 23, 23-INT, 24, 25, 26-INT & 28-INT Arup Consulting Engineers 7 March 2018 SK(D)020, Issue P02 Future Drainage Longitudinal Section Line No's 29, 30-INT, 31, 31-INT, 32, 33 and 34 Arup Consulting Engineers 7 March 2018 SK(D)021, Issue P02 Future Drainage Longitudinal Section Line No's 35, 36, 36-INT, 37, 38, and Line Culvert Arup Consulting Engineers 7 March 2018 249413, Rev 2 Temporary Water Quality Treatment and On Site Detention Arup Consulting Engineers 8 December 2017 NE164 Validation Report on Site Contamination for Proposed Residential Development Geotesta 26 July 2017 1. The appeal is upheld. 2. 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. 3. Development Application No. DA-17-0062 for the subdivision to create four (4) Torrens Title lots, construction of public roads and subsequent construction of 25 dwellings in a multi-dwelling development including construction of driveways on proposed Lots 2 and 3, stormwater drainage, tree removal and associated landscaping works on 93 Hambledon Road, Schofields (legally described as Lot 1 in DP 1240158, previously described as Lot 72 in DP 28833, Part Lot 56 in DP1213802, previously Lot 85 DP28833, and Lot 17 DP1231838, is approved subject to the conditions in Annexure "A". ………………………. Graham Brown Commissioner of the Court Annexure A (213 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: 30 April 2018