Universal Property Group Pty Limited v Parramatta City Council

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: Universal Property Group Pty Limited v Parramatta City Council [2015] NSWLEC 1335 Hearing dates:Conciliation conference on 14 & 28 April, 5 May & 17 June 2015Date of orders: 17 June 2015 Decision date: 17 June 2015 Jurisdiction:Class 1Before: Hussey AC Decision: See (4) below Catchwords: DEVELOPMENT APPLICATION: Three lot Torrens title subdivision & construction of 2 strata titles dual occupancies & new dwelling. FSR, earthworks, water management; conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category:Principal judgmentParties: Universal Property Group Pty Limited (Applicant) Parramatta City Council (Respondent) Representation: Counsel: Emma Fleming (Applicant) Christopher Drury (Respondent) Solicitors: Landerer & Company (Applicant) Sparke Helmore (Respondent) File Number(s):10059 of 2015Judgment 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”. The Court Act also required me to “set out in writing the terms of the decision” (s 34(3)(b)). The orders...