Universal Property Group Pty Limited V Blacktown City Council [2016] NSWLEC 1518

Universal Property Group Pty Limited V Blacktown City Council [2016] NSWLEC 1518

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; accordingly, the proceedings were disposed of in accordance with that agreement by upholding the appeal and approving the amended development application subject to conditions.

Jurisdiction
Australia
Judgment Date
07 November 2016
Procedural Posture
Class 1 Appeal Against Refusal of Development Application No 15 2017 / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979; Final Orders
Outcome
Appeal upheld; Development Application No. 15-2017, as amended, approved subject to conditions of consent.
Legal Topics
['development Application' 'staged Urban Development' 'subdivision' 'tree Removal' 'conciliation Conference' 'consent Orders']
['planning and Environment Law'] ['development Application' 'staged Urban Development' 'subdivision' 'tree Removal' 'conciliation Conference' 'consent Orders']

Case Brief

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Procedural Posture

Class 1 Appeal Against Refusal of Development Application No 15 2017 / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979; Final Orders

Legal Issues

  1. 1 ["Whether the proceedings should be disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether the agreed decision was one that the Court could have made in the proper exercise of its functions.']

Ratio Decidendi

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; accordingly, the proceedings were disposed of in accordance with that agreement by upholding the appeal and approving the amended development application subject to conditions.

Court Disposition

Appeal upheld; Development Application No. 15-2017, as amended, approved subject to conditions of consent.

Orders

  • ['The appeal is upheld.' 'The Applicant is granted leave to amend Development Application No. 15-2017 and to rely upon the amended plans listed at conditions 4.1.1, 4.1.2 and 4.1.3 of consent at Annexure "A". Copies of the approved plans are attached at Annexure "B".' "The Applicant is to pay the Respondent's...