Land and Environment Court New South Wales Medium Neutral Citation: Universal Property Group Pty Ltd v Blacktown City Council [2019] NSWLEC 1552 Hearing dates: Conciliation conference on 30 October 2019 Date of orders: 20 November 2019 Decision date: 20 November 2019 Jurisdiction: Class 1 Before: Chilcott C Decision: See orders at [10] below. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties– orders Legislation Cited: Blacktown Local Environmental Plan 2015 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy No 55 – Remediation of Land Category: Principal judgment Parties: Universal Property Group Pty Ltd (Applicant) Blacktown City Council (Respondent) Representation: Counsel: E Fleming (Solicitor) (Applicant) C Drury (Solicitor) (Respondent) Solicitors: Swaab (Applicant) Sparke Helmore Lawyers (Respondent) File Number(s): 2018/366715 Publication restriction: No Judgment 1. COMMISSIONER: Universal Property Group (the Applicant) has appealed the deemed refusal by Blacktown City Council (the Respondent) of its development application DA-18-02060, for the construction of a residential development. 2. The Applicant's development application DA-18-02060 comprises the proposed construction of dwellings, private access driveways, infrastructure works, landscaping, and tree removal, along with the subdivision of proposed Lots 1 and 2 in DA18-00388, to create 55 Torrens title residential lots on land: 1. legally described as: 1. Lot 46 DP1009284, Lot 40 and 41 DP808383; and 2. parts of Lot 1 DP 1244376 (formally Lot 141 DP1000239), 1. also known as: 1. 89, 91 and 143 Dongola Circuit, Schofields; and 2. Hambledon Road, Schofields; 1. The lands described above at [2(1)] and [2(2)], together form the Subject Site. 2. The appeal comes to the Court pursuant to s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act), and falls within Class 1 of the Court's jurisdiction. 3. The Court arranged a conciliation conference under s 34(1) of the Land and Environment Court Act 1979 (LEC Act) between the parties, which was held on 29 October 2019, and I presided over the conciliation conference. 4. At the conciliation conference, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties. This decision involved the Court upholding the appeal and granting consent to the development application, subject to conditions. 5. Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties' decision if the parties' decision is a decision that the Court could have made in the proper exercise of its functions. The parties' decision involves the Court exercising the function under s 4.16 of the EPA Act to grant consent to the modification application. 6. The parties have explained how the proposed development has satisfied the provisions of relevant legislation, including s 4.15 of the EPA Act, the provisions of State Environmental Planning Policy No 55 – Remediation of Land, and Blacktown Local Environmental Plan 2015, and consequently, I am satisfied that the parties' decision is one that the Court could have made in the proper exercise of its functions, as required by s 34(3) of the LEC Act. 7. 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. 8. The Court orders: 1. The Applicant is granted leave to amend its development application to: 1. rely upon the following plans: Drawing No. and Revision/Issue Title Prepared by Date Architectural plans and supporting documents DA-01 Cover page The Bathla Group Undated DA-02, Rev 8 Site Analysis 22 August 2019 DA-03, Rev 8 Site Plan DA-04, Rev 3 Subdivision Plan 8 August 2019 DA-05, Rev 8 Lot 01 – Ground Floor Plan 22 August 2019 DA-06, Rev 8 Lot 01 – First Floor Plan DA-07, Rev 8 Lot 02 – Ground & First Floor -Part 1 DA-08, Rev 8 Lot 02 – Ground Floor Plan -Part 2 DA-09, Rev 8 Lot 02 – First Floor Plan -Part 2 DA-10, Rev 8 Elevations & Section Lot 1 DA-11, Rev 8 Elevations & Section Lot 2 DA-12, Rev 8 Shadow Analysis – 01 (June 21st) DA-13, Rev 8 Shadow Analysis – 02 (June 21st) N/A Site Coverage table N/A N/A N/A Shadow Matrix N/A N/A Landscaping Plans N/A Cover Sheet Conzept Landscape Architects Undated LPDA 19 – 25, Page 1 Landscape Plan 1 9 August 2019 LPDA 19 – 25, Page 2 Landscape Plan 2 LPDA 19 – 25, Page 3 Landscape Plan 3 LPDA 19 – 25, Page 4 Specification & Detail Turn Path Plans N/A Lot 22 B85 Vehicle Garage Space 1 Entry Turning Path Varga Traffic Planning 16 August 2019 Lot 22 B85 Vehicle Garage Space 1 Exit Turning Path Lot 22 B85 Vehicle Garage Space 2 Entry Turning Path Lot 22 B85 Vehicle Garage Space 2 Exit Turning Path 20 August 2019 Lot 23 B85 Vehicle Garage Space 1 Entry Turning Path 16 August 2019 Lot 23 B85 Vehicle Garage Space 1 Exit Turning Path Lot 23 B85 Vehicle Garage Space 2 Entry Turning Path Lot 23 B85 Vehicle Garage Space 2 Entry Turning Path Engineering Plans Drawing No. DA-0000, Rev B Cover Sheet BG&E 12 September 2019 Drawing No. DA-0001, Rev B General Notes Drawing No. DA-0010, Rev B General Arrangement Plan Drawing No. DA-0020, Rev B Existing Features and Demolition Drawing No. DA-0100, Rev B Cut/Fill Plan Drawing No. DA-0200, Rev B Roadworks and Drainage Plan Sheet 1 Drawing No. DA-0201, Rev B Roadworks and Drainage Plan Sheet 2 Drawing No. DA-0202, Rev B Roadworks and Drainage Plan Sheet 3 Drawing No. DA-0210, Rev B Longitudinal Section and Driveway Typical Section Drawing No. DA-0280, Rev B Typical Details Drawing No. DA-0300, Rev B Drainage Catchment Plan Drawing No. DA-0700, Rev B Erosion and Sediment Control Plan Drawing No. DA-0710, Rev B Erosion and Sediment Control Details 1. rely on the following material: Document Title Prepared by Date Amended Waste Management Plan Universal Property Group Pty Ltd 22 August 2019 Stormwater Management Report, Revision B BG&E 13 September 2019 Basix No 956972M_02 Ecoinnovate 25 September 2019 1. The Applicant is to pay the Respondent's costs pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or as assessed. 2. The appeal is upheld. 3. DA-18-02060, for the construction of a residential development comprising 44 semi-detached dwellings, 9 dwelling houses and 2 attached dual occupancies, private access driveways, infrastructure works, landscaping, tree removal, and subdivision of Lots 1 and 2 proposed in DA-18-00388 to create 55 Torrens title residential lots on land legally described as Lot 46 DP1009284, Lot 40 and 41 DP808383 and parts of Lot 1 DP 1244376 (formally Lot 141 DP1000239), known as 89, 91 and 143 Dongola Circuit, and Hambledon Road, Schofields, is approved subject to the conditions set out in Annexure 'A'. ……………………. M Chilcott Commissioner of the Court Annexure A (387 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: 21 November 2019