Plumpton Park Developments Pty Ltd v Blacktown City Council [2018] NSWLEC 1137

Plumpton Park Developments Pty Ltd v Blacktown City Council [2018] NSWLEC 1137

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 Court was required to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
16 March 2018
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
The appeal was upheld and Development Application SPP-16-04464 was approved subject to conditions and plans.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between Parties' 'consent Orders']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between Parties' 'consent Orders']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the parties had reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them.' 'Whether the agreed decision was one the Court could have made in the proper exercise of its functions.']

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 Court was required to dispose of the proceedings in accordance with that agreement.

Court Disposition

The appeal was upheld and Development Application SPP-16-04464 was approved subject to conditions and plans.

Orders

  • ['The Appeal is upheld.' 'Development Application SPP-16-04464 for the construction and use of a 1 – 2 storey shopping centre including basement, at grade parking, landscaping and signage (as amended) is approved subject to the conditions set out in Annexure "A" and plans at Annexure "B".']