Universal Property Group Pty Limited v Penrith City Council [2018] NSWLEC 1068

Universal Property Group Pty Limited v Penrith City Council [2018] NSWLEC 1068

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them, and the Commissioner was satisfied that the decision was one the Court could have made in the proper exercise of its functions; the proceedings were therefore disposed of in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
16 February 2018
Procedural Posture
Class 2 Development Application Appeal / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; approval granted under section 68 of the Local Government Act 1993 for stormwater drainage work.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'stormwater Drainage Work' 'approval Under Section 68 of the Local Government Act 1993']
['planning and Environment' 'local Government'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'stormwater Drainage Work' 'approval Under Section 68 of the Local Government Act 1993']

Case Brief

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Procedural Posture

Class 2 Development Application Appeal / Final Orders Following 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 approval should be granted under section 68 of the Local Government Act 1993 for stormwater drainage work at Lot 102 DP 1140544, known as 16 Chapman Street, Werrington']

Ratio Decidendi

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them, and the Commissioner was satisfied that the decision was one the Court could have made in the proper exercise of its functions; the proceedings were therefore disposed of in accordance with that agreement.

Court Disposition

Appeal upheld; approval granted under section 68 of the Local Government Act 1993 for stormwater drainage work.

Orders

  • ['The Applicant is granted leave to rely upon the amended material listed in the orders, including plans CC-0300, CC-0301, CC-0302, CC-0305, CC-0306, CC-0310, CC-0310A, CC-0311, CC-0311A, CC-0315, CC-0315A, CC-0320, CC-0320A and CC-0330, revision 01, dated 30.01.2018.' 'The appeal is upheld.' 'Approval is granted...