Capital Residential Developments Pty Ltd v Blacktown City Council [2016] NSWLEC 1311

Capital Residential Developments Pty Ltd v Blacktown City Council [2016] NSWLEC 1311

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the proceedings were disposed of in accordance with the agreement by upholding the appeal and approving the development application subject to conditions.

Jurisdiction
Australia
Judgment Date
15 July 2016
Procedural Posture
Class 1 Development Application Appeal / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application DA 15/1543 approved subject to conditions contained in Annexure A.
Legal Topics
['development Application' 'conciliation Conference' 'stage 1 Concept Plan' 'residential Apartment Development' 'agreement Between Parties Under S 34(3)']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'stage 1 Concept Plan' 'residential Apartment Development' 'agreement Between Parties Under S 34(3)']

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Procedural Posture

Class 1 Development Application Appeal / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the agreement reached between the parties under s 34(3) of the Land and Environment Court Act 1979 was a decision the Court could have made in the proper exercise of its functions.' "What orders should be made to give effect to the parties' agreement."]

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the proceedings were disposed of in accordance with the agreement by upholding the appeal and approving the development application subject to conditions.

Court Disposition

Appeal upheld; Development Application DA 15/1543 approved subject to conditions contained in Annexure A.

Orders

  • ['The appeal is upheld.' 'Development Application DA 15/1543 for a Stage 1 concept plan for 9 site and road layouts, 9 building envelopes and community park, Stage 2 detailed application for 5 to 7 storey residential apartment building containing 134 apartments at 60 Cudgegong Road and 99-107 Rouse Hill Road, Rouse...