Universal Property Group Pty Limited v Blacktown City Council [2018] NSWLEC 1652

Universal Property Group Pty Limited v Blacktown City Council [2018] NSWLEC 1652

The Court upheld the appeal and modified the development consent, as the decision reached between the parties at conciliation was one the Court could properly make, satisfying the relevant jurisdictional requirements.

Jurisdiction
Australia
Judgment Date
14 December 2018
Procedural Posture
Class 1 / Determination After Conciliation Conference
Outcome
Appeal upheld; development consent modified
Legal Topics
['modification of Development Consent' 'conciliation Conference' 'appeal of Deemed Refusal']
['planning and Environment'] ['modification of Development Consent' 'conciliation Conference' 'appeal of Deemed Refusal']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Class 1 / Determination After Conciliation Conference

Legal Issues

  1. 1 ['Whether the timing of works authorized under the development consent should be varied to allow the issue of a construction certificate prior to registration of a plan of subdivision']

Ratio Decidendi

The Court upheld the appeal and modified the development consent, as the decision reached between the parties at conciliation was one the Court could properly make, satisfying the relevant jurisdictional requirements.

Court Disposition

Appeal upheld; development consent modified

Orders

  • ['The appeal is upheld.' 'Development Consent SPP-17-00018 is modified in accordance with the modification of conditions as set out in Annexure A.' 'Development Consent SPP-17-00018 is now subject to the consolidated, modified conditions of consent set out in Annexure B.']