Universal Property Group Pty Limited v Blacktown City Council [2018] NSWLEC 1278

NSW Caselaw

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Land and Environment Court New South Wales

Medium Neutral Citation: Universal Property Group Pty Limited v Blacktown City Council [2018] NSWLEC 1278 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 Limited (Applicant) Blacktown City Council (Respondent) Representation: Solicitor: E Fleming, Swaab Attorneys (Applicant) L Raffaele, Bartier Perry (Respondent) File Number(s): 2017/228859 Publication restriction: No

Judgment 1. COMMISSIONER: 2. The Court 3. In making 4. The final Drawing reference Title DA02/04 Rev 2 DA03/04 Rev 2 SY170227 Revision C SY17227C102 Rev C SY17227C103 Rev C SY17227C104 Rev C SY17227C105 Rev C SY17227C106 Rev C SY17227C107 Rev C SY17227C108 Rev C SY17227C109 Rev C SY17227C110 Rev C SY17227C111 Rev C SY17227C112 Rev C SY17227C113 Rev C SY17227C114 Rev C SY17227C115 Rev C SY17227C116 Rev C SY17227C117 Rev C SY17227C118 Rev C SY17227C119 Rev C SY17227C120 Rev C SY17227C121 Rev C SY17227C122 Rev C SY17227C123 Rev C SY17227C124 Rev C 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". 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. 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. 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': Prepared by Date Subdivision Plan The Bathla Group 9 March 2017 Envelope Plan The Bathla Group 9 March 2017 Title sheet Barker Ryan Stewart Engineering Plan Sheet Barker Ryan Stewart 27 March 2018 Excelsior Road Longitudinal Section Barker Ryan Stewart 27 March 2018 Road 2 Longitudinal Section Barker Ryan Stewart 27 March 2018 Road 3 Longitudinal Section Barker Ryan Stewart 27 March 2018 Road 4 Longitudinal Section Barker Ryan Stewart 27 March 2018 Road 5 Longitudinal Section Barker Ryan Stewart 27 March 2018 Vine Street West Cross Sections Barker Ryan Stewart 27 March 2018 Vine Street West Cross Sections Barker Ryan Stewart 27 March 2018 Road 2 Cross Sections Barker Ryan Stewart 27 March 2018 Road 3 Cross Sections Barker Ryan Stewart 27 March 2018 Road 4 Cross Sections Barker Ryan Stewart 27 March 2018 Road 5 Cross Sections Barker Ryan Stewart 27 March 2018 Road 5 Cross Sections Barker Ryan Stewart 27 March 2018 Basin 1 Plans & Sections (1 of 2) Barker Ryan Stewart 27 March 2018 Basin 1 Plans & Sections (2 of 2) Barker Ryan Stewart 27 March 2018 Basin 2 Plans & Sections Barker Ryan Stewart 27 March 2018 Basin 3 Plans & Sections Barker Ryan Stewart 27 March 2018 Catchment Plan Barker Ryan Stewart 27 March 2018 Catchment Plan (Ultimate) Barker Ryan Stewart 27 March 2018 Drainage Longitudinal Section Barker Ryan Stewart 27 March 2018 Drainage Longitudinal Section Barker Ryan Stewart 27 March 2018 Soil & Water Management Plan Barker Ryan Stewart 27 March 2018 Soil & Water Management Details Barker Ryan Stewart 27 March 2018

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Document text

Land and Environment Court New South Wales

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': Drawing reference Title Prepared by Date DA02/04 Rev 2 Subdivision Plan The Bathla Group 9 March 2017 DA03/04 Rev 2 Envelope Plan The Bathla Group 9 March 2017 SY170227 Revision C Title sheet Barker Ryan Stewart SY17227C102 Rev C Engineering Plan Sheet Barker Ryan Stewart 27 March 2018 SY17227C103 Rev C Excelsior Road Longitudinal Section Barker Ryan Stewart 27 March 2018 SY17227C104 Rev C Road 2 Longitudinal Section Barker Ryan Stewart 27 March 2018 SY17227C105 Rev C Road 3 Longitudinal Section Barker Ryan Stewart 27 March 2018 SY17227C106 Rev C Road 4 Longitudinal Section Barker Ryan Stewart 27 March 2018 SY17227C107 Rev C Road 5 Longitudinal Section Barker Ryan Stewart 27 March 2018 SY17227C108 Rev C Vine Street West Cross Sections Barker Ryan Stewart 27 March 2018 SY17227C109 Rev C Vine Street West Cross Sections Barker Ryan Stewart 27 March 2018 SY17227C110 Rev C Road 2 Cross Sections Barker Ryan Stewart 27 March 2018 SY17227C111 Rev C Road 3 Cross Sections Barker Ryan Stewart 27 March 2018 SY17227C112 Rev C Road 4 Cross Sections Barker Ryan Stewart 27 March 2018 SY17227C113 Rev C Road 5 Cross Sections Barker Ryan Stewart 27 March 2018 SY17227C114 Rev C Road 5 Cross Sections Barker Ryan Stewart 27 March 2018 SY17227C115 Rev C Basin 1 Plans & Sections (1 of 2) Barker Ryan Stewart 27 March 2018 SY17227C116 Rev C Basin 1 Plans & Sections (2 of 2) Barker Ryan Stewart 27 March 2018 SY17227C117 Rev C Basin 2 Plans & Sections Barker Ryan Stewart 27 March 2018 SY17227C118 Rev C Basin 3 Plans & Sections Barker Ryan Stewart 27 March 2018 SY17227C119 Rev C Catchment Plan Barker Ryan Stewart 27 March 2018 SY17227C120 Rev C Catchment Plan (Ultimate) Barker Ryan Stewart 27 March 2018 SY17227C121 Rev C Drainage Longitudinal Section Barker Ryan Stewart 27 March 2018 SY17227C122 Rev C Drainage Longitudinal Section Barker Ryan Stewart 27 March 2018 SY17227C123 Rev C Soil & Water Management Plan Barker Ryan Stewart 27 March 2018 SY17227C124 Rev C Soil & Water Management Details Barker Ryan Stewart 27 March 2018

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