Universal Property Group Pty Limited v Blacktown City Council [2019] NSWLEC 1304

Universal Property Group Pty Limited v Blacktown City Council [2019] NSWLEC 1304

The appeal is upheld and development consent is granted in accordance with the agreement of the parties as all jurisdictional pre-requisites are satisfied and the Court is required by s 34(3) of the Land and Environment Court Act 1979 to do so.

Jurisdiction
Australia
Judgment Date
28 June 2019
Procedural Posture
Development Application Appeal / Final Orders Following S34 Conciliation Conference
Outcome
Appeal upheld; consent granted; costs ordered; orders made as per parties' agreement
Legal Topics
['development Application' 'appeal' 'consent Conditions' 'subdivision' 'multi Dwelling Housing']
['planning Law' 'environmental Law'] ['development Application' 'appeal' 'consent Conditions' 'subdivision' 'multi Dwelling Housing']

Case Brief

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Procedural Posture

Development Application Appeal / Final Orders Following S34 Conciliation Conference

Legal Issues

  1. 1 ['Whether the Court should grant development consent to the amended development application following agreement between the parties' 'Whether statutory jurisdictional pre-requisites are satisfied for consent to be granted']

Ratio Decidendi

The appeal is upheld and development consent is granted in accordance with the agreement of the parties as all jurisdictional pre-requisites are satisfied and the Court is required by s 34(3) of the Land and Environment Court Act 1979 to do so.

Court Disposition

Appeal upheld; consent granted; costs ordered; orders made as per parties' agreement

Orders

  • ['The Applicant is granted leave to amend its development application to rely upon specified plans and material as listed.' "The Applicant is to pay the Respondent's costs as agreed or assessed arising under s 8.15(3) of the Environmental Planning and Assessment Act 1979." 'The appeal is upheld.' 'Development...