Universal Property Group Pty Limited v Blacktown City Council [2019] NSWLEC 1071

Universal Property Group Pty Limited v Blacktown City Council [2019] NSWLEC 1071

The Court was satisfied that the modified development was substantially the same development as originally approved, that consultation and notification requirements had been met and submissions considered, that the proposed modifications did not alter compliance with the Growth Centres SEPP, and that the agreed decision was one the Court could have made in the proper exercise of its functions; accordingly, s 34(3) required the Court to dispose of the proceedings in accordance with the parties' agreement.

Jurisdiction
Australia
Judgment Date
08 February 2019
Procedural Posture
Class 1 Modification Application Under S 4.55(8) of the Environmental Planning and Assessment Act 1979 / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Orders by Agreement Under S 34(3)
Outcome
Application approved; Development Consent DA16-04983 modified in accordance with the agreed conditions.
Legal Topics
['modification of Development Consent' 'conciliation Conference' 'agreement Between the Parties' 'subdivision' 'state Environmental Planning Policy (sydney Region Growth Centres) 2006']
['planning and Environment Law'] ['modification of Development Consent' 'conciliation Conference' 'agreement Between the Parties' 'subdivision' 'state Environmental Planning Policy (sydney Region Growth Centres) 2006']

Case Brief

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Procedural Posture

Class 1 Modification Application Under S 4.55(8) of the Environmental Planning and Assessment Act 1979 / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Orders by Agreement Under S 34(3)

Legal Issues

  1. 1 ['Whether the proposed modification to Development Consent DA16-04983 could be approved under s 4.55(8) of the Environmental Planning and Assessment Act 1979.' "Whether the parties' agreed decision was a decision the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979." 'Whether the modified development was substantially the same development as that originally approved.' 'Whether consultation, notification and consideration of submissions requirements were satisfied.']

Ratio Decidendi

The Court was satisfied that the modified development was substantially the same development as originally approved, that consultation and notification requirements had been met and submissions considered, that the proposed modifications did not alter compliance with the Growth Centres SEPP, and that the agreed decision was one the Court could have made in the proper exercise of its functions; accordingly, s 34(3) required the Court to dispose of the proceedings in accordance with the parties' agreement.

Court Disposition

Application approved; Development Consent DA16-04983 modified in accordance with the agreed conditions.

Orders

  • ['The application to modify Development Application No 16-04983 (granted by the Land and Environment Court on 15 June 2017 in proceedings 2017/51022 giving effect to an agreement under s34(3) of the Land and Environment Court Act 1979) under s 4.55(8) of the Environmental Planning and Assessment Act, 1979 is...