Universal Property Group Pty Ltd v Blacktown City Council

Land and Environment Court New South Wales Medium Neutral Citation: Universal Property Group Pty Ltd v Blacktown City Council [2015] NSWLEC 1460 Hearing dates:Conciliation conferences on 22 September, 7 October & 6 November 2015Date of orders: 10 November 2015 Decision date: 10 November 2015 Jurisdiction:Class 1Before: Hussey AC Decision: See (4) below Catchwords: DEVELOPMENT APPLICATION: Subdivision application for 3 residential superlots, impact of Public Transport Corridor, economic & orderly development of land, conciliation conference; agreement between the parties; orders Legislation Cited: State Environment Policy (Sydney Region Growth Centres) 2006 (Growth Centres SEPP) Category:Principal judgmentParties: Universal Property Group Pty Limited (Applicant) Blacktown City Council (Respondent) Representation: Counsel: Emma Fleming (Applicant) Kirston Gerathy (Respondent) Solicitors: Landerer & Company (Applicant) HWL Ebsworth Lawyers (Respondent) File Number(s):10592 of 2015Publication restriction:NoJudgment 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...