Australian Development Investments Holding Pty Ltd v Blacktown City Council [2017] NSWLEC 1062

Australian Development Investments Holding Pty Ltd v Blacktown City Council [2017] NSWLEC 1062

Because the parties reached an agreement acceptable to the Court under s 34(3), the Court exercised its power to dispose of the proceedings in accordance with that agreement, granting consent to the development subject to conditions.

Parties
Applicant: Australian Development Investments Holding Pty Ltd; Respondent: Blacktown City Council; Respondent: Sydney West Joint Regional Planning Panel
Jurisdiction
Australia
Judgment Date
14 February 2017
Procedural Posture
Appeal / Conciliation Conference; Final Orders
Outcome
Appeal upheld; development consent granted subject to conditions
Legal Topics
Development Application, Residential Flat Building, Conciliation Conference, Section 34 Agreement
Environmental Law Planning Law Development Application Residential Flat Building Conciliation Conference Section 34 Agreement

Case Brief

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Parties

Australian Development Investments Holding Pty Ltd

Applicant

Blacktown City Council

Respondent

Sydney West Joint Regional Planning Panel

Respondent

Procedural Posture

Appeal / Conciliation Conference; Final Orders

Legal Issues

  1. 1 Whether consent should be granted for the development application
  2. 2 Whether the agreement reached under s 34(3) of Land and Environment Court Act 1979 is acceptable

Ratio Decidendi

Because the parties reached an agreement acceptable to the Court under s 34(3), the Court exercised its power to dispose of the proceedings in accordance with that agreement, granting consent to the development subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions

Orders

  • The appeal is upheld.
  • Development Application DA15/02765 is determined by the granting of consent subject to the conditions in Annexure "A".