Land and Environment Court New South Wales Medium Neutral Citation: Universal Property Group Pty Ltd v Blacktown City Council [2018] NSWLEC 1277 Hearing dates: Conciliation conference on 8 June 2018 Date of orders: 08 June 2018 Decision date: 08 June 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 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: E Fleming, Swaab Attorneys (Applicant) L Raffaele, Bartier Perry(Respondent) File Number(s): 2017/248406 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: Proposed Lot 1 amended material: Drawing reference Title Prepared by Date DA01, Revision C Site Analysis – Lot 1 The Bathla Group 26 February 2018 DA02, Revision C Site Plan – Lot 1 The Bathla Group 26 February 2018 DA03, Revision C Ground Floor Plan – Lot 1 The Bathla Group 26 February 2018 DA04, Revision C First Floor Plan – Lot 1 The Bathla Group 26 February 2018 DA05, Revision C Elevations & Sections – Lot 1 The Bathla Group 26 February 2018 DA06, Revision C Shadow Analysis 1 – Lot 1 The Bathla Group 26 February 2018 DA07, Revision C Shadow Analysis 2 – Lot 1 The Bathla Group 26 February 2018 DA08, Revision C Site coverage The Bathla Group 26 February 2018 LP-01, Issue B Lot 1 Concept Landscape Plan The Bathla Group 1 March 2018 11041910/DA01, Revision B Cover Sheet and Locality Plan J. Wyndam Prince Undated 11041910/DA02, Revision B Legends, Notes and Index J. Wyndam Prince 24 April 2018 11041910/DA03, Revision B Drainage and Grading Plan J. Wyndam Prince 24 April 2018 11041910/DA04, Revision B Catchment Plan J. Wyndam Prince 24 April 2018 11041910/DA05, Revision B Pavement Plan and Materials J. Wyndam Prince 24 April 2018 11041910/DA06, Revision A Carcourt Detail Plan J. Wyndam Prince 24 April 2018 11041910/DA07, Carcourt Typical Sections J. Wyndam Prince 24 April 2018 Revision B 11041910/DA08, Carcourt Longitudinal Sections J. Wyndam Prince 24 April 2018 Revision A 11041910/DA09, Retaining Wall Plan J. Wyndam Prince 24 April 2018 Revision A 11041910/DA10, Retaining Wall Longitudinal and Typical Sections J. Wyndam Prince 24 April 2018 Revision A 11041910/DA11, Drainage Longitudinal Sections Sheet 1 J. Wyndam Prince 24 April 2018 Revision A 11041910/DA12, Drainage Longitudinal Sections Sheet 2 J. Wyndam Prince 24 April 2018 Revision A 11041910/DA13, Stormwater General Drainage Details Sheet 1 J. Wyndam Prince 24 April 2018 Revision B 11041910/DA14, Stormwater General Drainage Details Sheet 2 J. Wyndam Prince 24 April 2018 Revision A 11041911/DA15, Stormfilter System Details Sheet 1 J. Wyndam Prince 24 April 2018 Revision B 11041910/DA16 Stormfilter System Details Sheet 2 J. Wyndam Prince 24 April 2018 Revision B 11041910/DA17 Drainage Calculations Sheet 1 J. Wyndam Prince 24 April 2018 Revision A 11041910/DA18 Drainage Calculations Sheet 2 J. Wyndam Prince 24 April 2018 Revision A 11041910/DA19 Soil and Water Management Plan J. Wyndam Prince 24 April 2018 Revision B 11041910/DA20 Soil and Water Management Notes J. Wyndam Prince 24 April 2018 Revision B 11041910/DA21 Soil and Water Management Details J. Wyndam Prince 24 April 2018 Revision B 110419-04 (Rpt1B) Storm Water and Water Quality Report J. Wyndam Prince 1 May 2018 Proposed Lot 14 amended material: Drawing reference Title Prepared by Date DA01, Revision C Site Analysis – Lot 14 The Bathla Group 26 February 2018 DA02, Revision C Site Plan – Lot 14 The Bathla Group 26 February 2018 DA03, Revision C Ground Floor Plan – Lot 14 The Bathla Group 26 February 2018 DA04, Revision C First Floor Plan – Lot 14 The Bathla Group 26 February 2018 DA05, Revision C Elevations & Sections – Lot 14 The Bathla Group 26 February 2018 DA06, Revision C Shadow Analysis 1 – Lot 14 The Bathla Group 26 February 2018 DA07, Revision C Shadow Analysis 2 – Lot 14 The Bathla Group 26 February 2018 LP-01, Issue B Lot 1 Concept Landscape Plan The Bathla Group 1 March 2018 11041910/DA151, Revision B Cover Sheet and Locality Plan J. Wyndam Prince Undated 11041910/DA152, Revision B Legends, Notes and Index J. Wyndam Prince 26 April 2018 11041910/DA153, Revision B Drainage and Grading Plan J. Wyndam Prince 26 April 2018 11041910/DA154, Revision B Catchment Plan J. Wyndam Prince 26 April 2018 11041910/DA155, Revision B Pavement Plan and Materials J. Wyndam Prince 26 April 2018 11041910/DA156, Revision A Carcourt Detail Plan J. Wyndam Prince 26 April 2018 11041910/DA157, Carcourt Typical Sections J. Wyndam Prince 26 April 2018 Revision B 11041910/DA158, Carcourt Longitudinal Sections J. Wyndam Prince 26 April 2018 Revision A 11041910/DA159, Retaining Wall Plan J. Wyndam Prince 26 April 2018 Revision A 11041910/DA160 Retaining Wall Longitudinal and Typical Sections J. Wyndam Prince 26 April 2018 Revision A 11041910/DA161, Drainage Longitudinal Sections Sheet J. Wyndam Prince 26 April 2018 Revision A 11041910/DA162, Stormwater General Drainage Details Sheet 1 J. Wyndam Prince 26 April 2018 Revision B 11041910/DA163, Stormwater General Drainage Details Sheet 2 J. Wyndam Prince 26 April 2018 Revision A 11041911/DA164, Stormfilter System Details J. Wyndam Prince 26 April 2018 Revision B 11041910/DA165 Drainage Calculations Sheet 1 J. Wyndam Prince 26 April 2018 Revision A 11041910/DA166 Drainage Calculations Sheet 2 J. Wyndam Prince 26 April 2018 Revision A 11041910/DA167 Soil and Water Management Plan J. Wyndam Prince 26 April 2018 Revision B 11041910/DA168 Soil and Water Management Notes J. Wyndam Prince 26 April 2018 Revision B 11041910/DA169 Soil and Water Management Details J. Wyndam Prince 26 April 2018 Revision B 110419-04 (Rpt1B) Storm Water and Water Quality Report J. Wyndam Prince 1 May 2018 815310M_02 BASIX Certificate TBC TBC 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-17-00936, as amended, for the erection of 82 multi dwelling housing dwellings, internal private roads, stormwater drainage, and landscaping works on Lots 1 and 14 in the approved subdivision (DA-16-03182) on land identified as Lot 8 in DP235714 known as 1140 Richmond Road, Marsden Park, is approved subject to the conditions in Annexure 'A'. ………………………. Michael Chilcott Commissioner of the Court Annexure A (539 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: 12 June 2018