Universal Property Group Pty Ltd v Blacktown City Council [2018] NSWLEC 1365

Land and Environment Court New South Wales

Medium Neutral Citation: Universal Property Group Pty Ltd v Blacktown City Council [2018] NSWLEC 1365 Hearing dates: Conciliation conference on 12 July 2018 Date of orders: 16 July 2018 Decision date: 16 July 2018 Jurisdiction: Class 1 Before: Smithson 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: Counsel: M Staunton (Applicant)

Solicitors: Swaab Attorneys (Applicant) Bartier Perry (Respondent) File Number(s): 2017/230568 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 s 34(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 DA 01 / 09, Revision 8 Site Analysis The Bathla Group 6 July 2018 DA 02 / 09 Subdivision Plan The Bathla Group 6 July 2018 Revision 8 DA 03 / 09 Building Envelope Plan The Bathla Group 6 July 2018 Revision 8 DA 04 / 09 Site Plan The Bathla Group 6 July 2018 Revision 8 DA 05 / 09 Ground Floor Plan The Bathla Group 6 July 2018 Revision 8 DA 06 / 09 First Floor Plan The Bathla Group 6 July 2018 Revision 8 DA 07 / 09 Elevations and Sections The Bathla Group 6 July 2018 Revision 8 DA 08 / 09 Shadow Analysis Plan The Bathla Group 6 July 2018 Revision 8 DA 09 / 09 Site Coverage Plan The Bathla Group 6 July 2018 Revision 8 1889.GD.01 Landscape Plan Greenland Design 10 July 2018 (Issue C) 1889.GD.02 Landscape Details and Specification Greenland Design 10 July 2018 (Issue C) 000 (Revision E) Cover Sheet Orion Consulting Engineers 11 July 2018 001 (Revision E) General Layout Plan, Notes & Legend Orion Consulting Engineers 11 July 2018 100 (Revision E) Site Regrading Plan Orion Consulting Engineers 11 July 2018 102 (Revision E) Site Regrading Sections – Sheet 1 of 3 Orion Consulting Engineers 11 July 2018 103 (Revision E) Site Regrading Sections – Sheet 2 of 3 Orion Consulting Engineers 11 July 2018 104 (Revision E) Site Regrading Sections – Sheet 3 of 3 Orion Consulting Engineers 11 July 2018 105 (Revision E) Demolition & Tree Removal Plan Orion Consulting Engineers 11 July 2018 200 (Revision E) Engineering Plan Orion Consulting Engineers 11 July 2018 202 (Revision E) Retaining Wall Plan Orion Consulting Engineers 11 July 2018 203 (Revision E) Floor Elevation & Retaining Wall Plan (R3) Orion Consulting Engineers 11 July 2018 204 (Revision E) Drainage Down Pipe Plan Orion Consulting Engineers 11 July 2018 300 (Revision E) Overall Plan Orion Consulting Engineers 11 July 2018 301 (Revision E) Road Longitudinal Sections – Sheet 01 of 06 Orion Consulting Engineers 11 July 2018 302 (Revision E) Road Longitudinal Sections – Sheet 02 of 06 Orion Consulting Engineers 11 July 2018 303 (Revision E) Road Longitudinal Sections – Sheet 03 of 06 Orion Consulting Engineers 11 July 2018 304 (Revision E) Road Longitudinal Sections – Sheet 04 of 06 Orion Consulting Engineers 11 July 2018 305 (Revision E) Road Longitudinal Sections – Sheet 05 of 06 Orion Consulting Engineers 11 July 2018 306 (Revision E) Road Longitudinal Sections – Sheet 06 of 06 Orion Consulting Engineers 11 July 2018 307 (Revision E) Turn Path Plan Orion Consulting Engineers 11 July 2018 400 (Revision E) Stormwater Drainage Catchment Plan Orion Consulting Engineers 11 July 2018 401 (Revision E) Drainage Longitudinal Sections – Sheet 01 of 02 Orion Consulting Engineers 11 July 2018 402 (Revision E) Drainage Longitudinal Sections – Sheet 02 of 02 Orion Consulting Engineers 11 July 2018 403 (Revision E) Basin 1 Setout Plan & Sections Orion Consulting Engineers 11 July 2018 404 (Revision E) Basin 2 Setout Plan & Sections Orion Consulting Engineers 11 July 2018 405 (Revision E) Basin 3 Setout Plan & Sections Orion Consulting Engineers 11 July 2018 406 (Revision E) Basin 4 Setout Plan & Sections Orion Consulting Engineers 11 July 2018 407 (Revision E) Bio - Retention and Typical Rock Stack Headwall Details Orion Consulting Engineers 11 July 2018 408 (Revision E) Planting Grid Plans Orion Consulting Engineers 11 July 2018 501 (Revision E) Sediment & Erosion Control Plan Orion Consulting Engineers 11 July 2018 502 (Revision E) Sediment & Erosion Control Notes & Details Orion Consulting Engineers 11 July 2018