Land and Environment Court New South Wales Medium Neutral Citation: Signature Properties No. 7 Pty Ltd v Blacktown City Council [2018] NSWLEC 1203 Hearing dates: Conciliation conference on 27 February, 15 March, 3 April and 20 April 2018 Date of orders: 24 April 2018 Decision date: 24 April 2018 Jurisdiction: Class 1 Before: Brown C Decision: See [5] below Catchwords: DEVELOPMENT APPLICATION: subdivision into residential lots and the construction dwellings, semi-detached dwellings and studio dwellings and associated civil 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: Signature Properties No. 7 Pty Ltd (Applicant) Blacktown City Council (Respondent) Representation: Solicitors: A Perkins, Project Lawyers (Applicant) D. Loether, Bartier Perry (Respondent) File Number(s): 2017/290219 Publication restriction: No Judgment 1. COMMISSIONER: This is an appeal against the refusal of Development Application No. DA-17-01202 for the staged Torrens title subdivision into 29 residential lots and the construction of 13 dwellings, 16 semi-detached dwellings and 2 studio dwellings and associated civil works at 98 Hambledon Roads, The Ponds. 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 SK-01, Revision D Staging Plan Signature Projects Australia Pty Ltd 20 March 2018 DA-02, Issue C Lot 1 Site Plan 17 November 2017 DA-03, Issue C Lot 1 Ground Floor Plan 17 November 2017 DA-05, Issue C Lot 1 Roof & Concept Drainage Plan 17 November 2017 DA-09, Issue C Lot 1 Landscape Plan 17 November 2017 DA-02, Issue D Lot 2 Site Plan 17 November 2017 DA-03, Issue C Lot 2 Ground Floor Plan 17 November 2017 DA-05, Issue C Lot 2 Roof & Concept Drainage Plan 17 November 2017 DA-09, Issue C Lot 2 Landscape Plan 17 November 2017 DA-02, Issue D Lot 3 Site Plan 17 November 2017 DA-03, Issue D Lot 3 Ground Floor Plan 17 November 2017 DA-04, Issue C Lot 3 Roof & Concept Drainage Plan 17 November 2017 DA-09, Issue C Lot 3 Landscape Plan 17 November 2017 DA-02, Issue B Lot 4 Site Plan 17 November 2017 DA-03, Issue B Lot 4 Ground Floor Plan 17 November 2017 DA-05, Issue B Lot 4 Roof & Concept Drainage Plan 17 November 2017 DA-09, Issue B Lot 4 Landscape Plan 17 November 2017 DA-02, Issue C Lot 6 Site Plan 17 November 2017 DA-03, Issue C Lot 6 Ground Floor Plan 17 November 2017 DA-09, Issue B Lot 6 Landscape Plan 17 November 2017 DA-02, Issue C Lot 7 Site Plan 17 November 2017 DA-03, Issue C Lot 7 Ground Floor Plan 17 November 2017 DA-09, Issue C Lot 7 Landscape Plan 17 November 2017 DA-02, Issue B Lot 8 Site Plan 17 November 2017 DA-03, Issue B Lot 8 Ground Floor Plan 17 November 2017 DA-04, Issue B Lot 8 First Floor Plan 17 November 2017 DA-05, Issue B Lot 8 Roof & Concept Drainage Plan 17 November 2017 DA-06, Issue B Lot 8 Building Elevations 01 17 November 2017 DA-07, Issue B Lot 8 Building Elevations 02 17 November 2017 DA-08, Issue B Lot 8 Building Sections 17 November 2017 DA-09, Issue B Lot 8 Landscape Plan 17 November 2017 DA-02, Issue C Lot 9 Site Plan 17 November 2017 DA-03, Issue C Lot 9 Ground Floor Plan 17 November 2017 DA-04, Issue C Lot 9 First Floor Plan 17 November 2017 DA-06, Issue B Lot 9 Building Elevations 01 17 November 2017 DA-07, Issue C Lot 9 Building Elevations 02 28 November 2017 DA-08, Issue B Lot 9 Building Sections 13 November 2017 DA-09, Issue C Lot 9 Landscape Plan 17 November 2017 DA-10, Issue A Lot 9 Typical Fencing Detail 27 November 2017 DA-02, Issue B Lot 10 Site Plan 21 November 2017 DA-03, Issue B Lot 10 Ground Floor Plan 21 November 2017 DA-09, Issue B Lot 10 Landscape Plan 21 November 2017 DA-10, Issue A Lot 10 Typical Fencing Detail 21 November 2017 DA-02, Issue C Lots 11-12 Site Plan 17 November 2017 DA-03, Issue B Lots 11-12 Ground Floor Plan 17 November 2017 DA-06, Issue B Lots 11-12 Building Elevations 01 30 November 2017 DA-08, Issue B Lots 11-12 Building Sections 30 November 2017 DA-09, Issue B Lots 11-12 Landscape Plan 17 November 2017 DA-10, Issue A Lots 11-12 Typical Fencing Detail 27 November 2017 DA-02, Issue C Lot 13-14 Site Plan 17 November 2017 DA-03, Issue B Lots 13-14 Ground Floor Plan 17 November 2017 DA-08, Issue B Lots 13-14 Building Sections 30 November 2017 DA-09, Issue B Lots 13-14 Landscape Plan 17 November 2017 DA-10, Issue A Lots 13-14 Typical Fencing Detail 27 November 2017 DA-02, Issue C Lots 15-16 Site Plan 17 November 2017 Drawing No. DA-03, Issue B Lots 15-16 Ground Floor Plan 17 November 2017 DA-06, Issue B Lots 15-16 Building Elevations 01 30 November 2017 DA-07, Issue B Lots 15-16 Building Elevations 02 30 November 2017 DA-08, Issue B Lots 15-16 Building Sections 30 November 2017 DA-09, Issue B Lots 15-16 Landscape Plan 17 November 2017 DA-10, Issue A Lots 15-16 Typical Fencing Detail 27 November 2017 DA-02, Issue C Lot 17-18 Site Plan 17 November 2017 DA-03, Issue B Lot 17-18 Ground Floor Plan 17 November 2017 DA-08, Issue B Lots 17-18 Building Sections 30 November 2017 DA-09, Issue B Lots 17-18 Landscape Plan 17 November 2017 DA-10, Issue A Lots 17-18 Typical Fencing Detail 27 November 2017 DA-02, Issue C Lots 19-20 Site Plan 17 November 2017 DA-03, Issue B Lots 19-20 Ground Floor Plan 17 November 2017 DA-08, Issue B Lots 19-20 Building Elevations 01 30 November 2017 Lots 19-20 Building Sections 30 November 2017 DA-09, Issue B Lots 19-20 Landscape Plan 17 November 2017 DA-10, Issue A Lots 19-20 Typical Fencing Detail 27 November 2017 DA-02, Issue C Lots 21-22 Site Plan 17 November 2017 DA-03, Issue B Lots 21-22 Ground Floor Plan 17 November 2017 DA-08, Issue B Lots 21-22 Building Sections 30 November 2017 DA-09, Issue B Lots 21-22 Landscape Plan 17 November 2017 DA-10, Issue A Lots 21-22 Typical Fencing Detail 27 November 2017 DA-02, Issue C Lots 23-24 Site Plan 17 November 2017 DA-03, Issue B Lots 23-24 Ground Floor Plan 17 November 2017 DA-06, Issue B Lots 23-24 Building Elevations 01 30 November 2017 DA-07, Issue B Lots 23-24 Building Elevations 02 30 November 2017 DA-08, Issue B Lots 23-24 Building Sections 30 November 2017 DA-09, Issue B Lots 23-24 Landscape Plan 17 November 2017 DA-10, Issue A Lots 23-24 Typical Fencing Detail 27 November 2017 DA-02, Issue C Lots 25-26 Site Plan 17 November 2017 DA-03, Issue B Lots 25-26 Ground Floor Plan 17 November 2017 DA-08, Issue B Lots 25-26 Building Sections 30 November 2017 DA-09, Issue B Lots 25-26 Landscape Plan 17 November 2017 DA-10, Issue A Lots 25-26 Typical Fencing Detail 27 November 2017 DA-02, Issue B Lot 27 Site Plan 17 November 2017 DA-03, Issue B Lot 27 Ground Floor Plan 17 November 2017 DA-04, Issue C Lot 27 First Floor Plan 28 November 2017 DA-05, Issue B Lot 27 Roof & Concept Drainage Plan 17 November 2017 DA-06, Issue B Lot 27 Building Elevations 01 17 November 2017 DA-07, Issue C Lot 27 Building Elevations 02 17 November 2017 DA-08, Issue B Lot 27 Building Sections 17 November 2017 DA-09, Issue B Lot 27 Landscape Plan 17 November 2017 DA-10, Issue A Lot 27 Typical Fencing Detail 27 November 2017 DA-02, Issue B Lot 28 Site Plan 17 November 2017 DA-03, Issue B Lot 28 Ground Floor Plan 17 November 2017 DA-04, Issue B Lot 28 First Floor Plan 17 November 2017 DA-05, Issue B Lot 28 Roof & Concept Drainage Plan 17 November 2017 DA-09, Issue B Lot 28 Landscape Plan 17 November 2017 DA-02, Issue B Lot 29 Site Plan 17 November 2017 DA-03, Issue B Lot 29 Ground Floor Plan 17 November 2017 DA-06, Issue B Lot 29 Building Elevations 01 17 November 2017 DA-08, Issue B Lot 29 Building Sections 17 November 2017 DA-09, Issue B Lot 29 Landscape Plan 17 November 2017 DA-10, Issue A Lot 29 Typical Fencing Detail 27 November 2017 DA-22, Revision B Landscape Plan Signature Property Developers Pty Ltd 19 March 2018 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 in the agreed amount of $8,000.00 within 28 days of the date of these Orders. 3. Development Application No. DA-17-01202 for the staged Torrens title subdivision into 29 residential lots and the construction of 13 dwellings, 16 semi-detached dwellings and 2 studio dwellings and associated civil works is approved subject to the conditions in Annexure 'A'. ………………………. Graham Brown Commissioner of the Court Annexure A (280 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