Universal Property Group Pty Limited v Blacktown City Council [2016] NSWLEC 1132

Universal Property Group Pty Limited v Blacktown City Council [2016] NSWLEC 1132

Where the parties reach an agreement in a conciliation conference under s 34(3) of the Land and Environment Court Act 1979, and the court is satisfied that the decision is one it could have made, the court is required to dispose of the proceedings accordingly without making any merit assessment of the original issues.

Parties
Applicant: Universal Property Group Pty Limited; Respondent: Blacktown City Council
Jurisdiction
Australia
Judgment Date
01 April 2016
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference Resulting in Orders
Outcome
Proceedings disposed by consent in accordance with agreed orders under s 34(3) Land and Environment Court Act 1979.
Legal Topics
Development Application, Mixed Use Development, Conciliation Conference, Section 34 Agreement
Planning and Environment Development Application Mixed Use Development Conciliation Conference Section 34 Agreement

Case Brief

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Parties

Universal Property Group Pty Limited

Applicant

Blacktown City Council

Respondent

Procedural Posture

Class 1 Development Application Appeal / Conciliation Conference Resulting in Orders

Legal Issues

  1. 1 Whether agreement reached at conciliation conference could be accepted and orders made under s 34(3) of the Land and Environment Court Act 1979

Ratio Decidendi

Where the parties reach an agreement in a conciliation conference under s 34(3) of the Land and Environment Court Act 1979, and the court is satisfied that the decision is one it could have made, the court is required to dispose of the proceedings accordingly without making any merit assessment of the original issues.

Court Disposition

Proceedings disposed by consent in accordance with agreed orders under s 34(3) Land and Environment Court Act 1979.

Orders

  • Final orders made to give effect to the parties' agreement.