Land and Environment Court New South Wales Medium Neutral Citation: Universal Property Group Pty Ltd v Blacktown City Council [2019] NSWLEC 1300 Hearing dates: Conciliation conference on 24 May 2019 Date of orders: 27 June 2019 Decision date: 27 June 2019 Jurisdiction: Class 1 Before: Dickson C Decision: See orders at [8] below Catchwords: DEVELOPMENT APPLICATION – subdivision of land and construction of new dwellings – conciliation conference – agreement between parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Sydney Region Growth Centres) 2006 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Category: Principal judgment Parties: Universal Property Group Pty Ltd (Applicant) Blacktown City Council (Respondent) Representation: Counsel: J Reid (Applicant) Solicitors: Swaab (Applicant) L Raffaele, Bartier Perry Lawyers (Respondent) File Number(s): 2018/318218 Publication restriction: No Judgment 1. COMMISSIONER: This is an appeal pursuant to s 8.7(1) of the Environmental Planning and Assessment Act 1979 (the EPA Act) by the Applicant against the refusal of its development application DA/18/01419. As lodged, the application sought approval for the subdivision of land into 46 Torrens title lots, construction of 46 dwellings, public road and drainage infrastructure and removal of existing trees. The development is proposed at 20 Quakers Road, Quakers Hill (legally described as Lot 20 in DP 1211807) and land known as 350 Quakers Road, Quakers Hill (legally described as Lot 12 DP4455). 2. Under the amended DA, the Applicant seeks consent for the subdivision of 40 Torrens title lots, construction of 46 dwellings, public road and drainage infrastructure, and removal of existing trees. 3. In exercising the functions of the consent authority on the appeal, the Court has the power to determine the development application pursuant to ss 4.15 and 4.16 of the EPA Act. 4. The Court arranged a conciliation conference under s 34(1) of the Land and Environment Court Act 1979 (the LEC Act) between the parties, which was held on 2 May 2019. Following the conciliation an agreement under s 34(3) of the LEC Act was reached between the parties as to the terms of a decision in the proceedings that would be acceptable to them. The decision agreed upon is to uphold the appeal and to grant development consent subject to conditions of consent, pursuant to s 4.16(1) of the EPA Act. 5. As the presiding Commissioner, I am satisfied that the decision is one that the Court can make in the proper exercise of its functions (this being the test applied by s 34(3) of the LEC Act). I have formed this state of satisfaction for the following reasons: 1. Pursuant to the provisions of State Environmental Planning Policy (Sydney Region Growth Centres) 2006 (Growth Centres SEPP), the site is zoned R2 Low Density Residential land. The proposed development is permissible with consent in the zone. 2. The proposed development under the DA does not breach any of the applicable development standards in Appendix 5 of the Growth Centres SEPP. 3. Pursuant to cl 6.1 of Appendix 5 of the Growth Centres SEPP, I am satisfied that public utility infrastructure, that is essential for the proposed development under the DA, is available and adequate arrangements have been made to make that infrastructure available when required. 4. In compliance with State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, a BASIX certificate has been lodged (BASIX Certificate 946972M_02). 5. The original application was notified in accordance with the relevant development control plan and the submissions have been considered. 1. As the parties' decision is a decision that the Court could have made in the proper exercise of its functions, I am required under s 34(3) of the LEC Act to dispose of the proceedings in accordance with the parties' decision. 2. In making the orders to give effect to the agreement between the parties, the parties have not raised, and I am not aware of, any jurisdictional impediment to the making of these orders. Further, I was not required to make, and have not made, any assessment of the merits of the development application against the discretionary matters that arise pursuant to an assessment under s 4.15 of the EPA Act. 3. The final orders to give effect to the parties' agreement under s 34(3) of the LEC Act are: 1. The Applicant is granted leave to amend its development application to: 1. include land known as 350 Quakers Road, Quakers Hill (legally described as Lot 12 DP4455); and 2. rely upon the following plans: Drawing No. and Revision/Issue Title Prepared by Date Architectural Plans Cover Sheet The Batha Group [Undated] DA01, Rev 3 Site Analysis 28 May 2019 DA02, Rev 3 Subdivision Plan 28 May 2019 DA03, Rev 4 Site Plan 12 June 2019 DA04, Rev 4 Ground Floor Plan – Part 1 30 May 2019 DA05, Rev 4 Ground Floor Plan – Part 2 12 June 2019 DA06, Rev 4 First Floor Plan – Part 1 30 May 2019 DA07, Rev 4 First Floor Plan – Part 2 12 June 2019 DA08, Rev 3 Elevations& Sections 28 May 2019 DA09, Rev 3 Elevations 28 May 2019 DA10, Rev 3 Shadow Analysis 1 28 May 2019 DA11, Rev 3 Shadow Analysis 2 28 May 2019 SS, Rev 2 Area Calculation 10 May 2019 Issue C Colour Schedule The Bathla Group 29 May 2019 Landscaping plan LP 01/01, Issue R03 Landscape Plan The Bathla Group 23 July 2019 Engineering Plans 0000, Rev D Locality Plan and Drawing Index BG&E Undated 0001, Rev D General Notes Sheet 1 30 May 2019 0020, Rev D Existing Features and Demolition Plan 0100, Rev D Earthworks Plan 0200, Rev D Roadworks and Drainage Plan 0201, Rev D Indicative Dwelling and Driveway Location Plan 0205, Rev D Roadworks Typical Sections 0210, Rev D Road and Driveway Longitudinal Sections 0280, Rev D Roadworks and Drainage Plan Sheet 1 of 2 0281, Rev A Roadworks and Drainage Plan Sheet 2 of 2 0310, Rev D Stormwater Longitudinal Section Sheet 1 0311, Rev D Stormwater Longitudinal Section Sheet 2 0312, Rev B Stormwater Longitudinal Section Sheet 3 0315, Rev D Stormwater Drainage Catchment Plan 0320, Rev A WSUD Basin Details and Section 0321, Rev A WSUD Basin Details and Section 0700, Rev D Erosion and Sediment Control Plan 0710, Rev D Erosion and Sediment Control Details 1. rely on the following material: Document Title Prepared by Date Owner's consent Universal Property Group 29 May 2019 Waste Management Plan Universal Property Group May 2019 DCP Compliance Table Undated Civil Engineering Report (Rev c) BG&E 30 May 2019 BASIX Certificate 946972M_02 26 June 2019 1. The Applicant is to pay the Respondent's costs as agreed or assessed under s 8.15(3) of the Environmental Planning and Assessment Act 1979. 2. The appeal is upheld. 3. Consent is granted to Development Application DA-18-01419 for the subdivision of 40 Torrens title lots, construction of 46 dwellings, public road and drainage infrastructure, and removal of existing trees at 20 Quakers Road, Quakers Hill (legally described as Lot 20 in DP 1211807) and land known as 350 Quakers Road, Quakers Hill (legally described as Lot 12 DP4455) in accordance with the conditions set out in Annexure 'A'. ……………………. D M Dickson Commissioner of the Court Annexure A (234 KB) ******** 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: 27 June 2019