Universal Property Group Pty Limited v Blacktown City Council [2017] NSWLEC 1367

Universal Property Group Pty Limited v Blacktown City Council [2017] NSWLEC 1367

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
13 July 2017
Procedural Posture
Class 1 Development Application Appeal / Final Orders After Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development application approved subject to conditions; leave granted to amend the development application; applicant ordered to pay agreed costs thrown away.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between Parties' 'subdivision Approval' 'costs Thrown Away']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between Parties' 'subdivision Approval' 'costs Thrown Away']

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Procedural Posture

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

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 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

Appeal upheld; development application approved subject to conditions; leave granted to amend the development application; applicant ordered to pay agreed costs thrown away.

Orders

  • ['The appeal is upheld.' 'The applicant is granted leave to amend the development application by relying on the plans listed in the orders.' 'Development application No. 16-04667 for the subdivision of Lots 8 and 9 in DP 236422 (Nos. 100-102 Boundary Road, Schofields) into 68 lots comprising 66 residential lots (lot...