Universal Property Group Pty Limited v Blacktown City Council [2018] NSWLEC 1278

Universal Property Group Pty Limited v Blacktown City Council [2018] NSWLEC 1278

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 by upholding the appeal and approving the amended development application subject to conditions.

Jurisdiction
Australia
Judgment Date
08 June 2018
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979; Final Orders
Outcome
Appeal upheld; Development Application No. DA-16-04187 approved as amended subject to conditions; Applicant to pay the Respondent's costs under section 8.15(3) of the Environmental Planning Assessment Act 1979 as agreed or assessed.
Legal Topics
['development Application' 'subdivision' 'conciliation Conference' 'agreement Between Parties' 'orders' 'costs']
['environmental Planning and Development' 'land and Environment Court Procedure'] ['development Application' 'subdivision' 'conciliation Conference' 'agreement Between Parties' 'orders' 'costs']

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; Final Orders

Legal Issues

  1. 1 ['Whether an agreement under s 34(3) of the Land and Environment Court Act 1979 had been reached between the parties as to terms of a decision acceptable to them.' 'Whether the agreed decision was one that the Court could have made in the proper exercise of its functions.' "Whether the proceedings should be disposed of in accordance with 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 Court was required to dispose of the proceedings 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. DA-16-04187 approved as amended subject to conditions; Applicant to pay the Respondent's costs under section 8.15(3) of the Environmental Planning Assessment Act 1979 as agreed or assessed.

Orders

  • ["The Applicant is granted leave to rely upon the amended material listed in Annexure 'A'." 'The appeal is upheld.' "The Applicant is to pay the Respondent's costs under section 8.15(3) of the Environmental Planning Assessment Act 1979 as agreed or assessed." "Development Application No. DA-16-04187, as amended, for...