Universal Property Group Pty Ltd v Blacktown City Council [2018] NSWLEC 1145

Universal Property Group Pty Ltd v Blacktown City Council [2018] NSWLEC 1145

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 at or after a conciliation conference. The Commissioner was satisfied the decision was one the Court could have made, thus the proceedings were disposed of accordingly. The appeal was upheld, amended plans were approved, and costs were ordered as agreed or assessed.

Jurisdiction
Australia
Judgment Date
21 March 2018
Procedural Posture
Class 1 / Conciliation Conference; Final Orders
Outcome
Appeal upheld; development application approved subject to conditions; costs awarded
Legal Topics
['development Application' 'conciliation Conference' 'costs' 'approval of Amended Plans']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'costs' 'approval of Amended Plans']

Case Brief

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Procedural Posture

Class 1 / Conciliation Conference; Final Orders

Legal Issues

  1. 1 ['Whether the Development Application should be approved as amended' 'Whether costs should be awarded']

Ratio Decidendi

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 at or after a conciliation conference. The Commissioner was satisfied the decision was one the Court could have made, thus the proceedings were disposed of accordingly. The appeal was upheld, amended plans were approved, and costs were ordered as agreed or assessed.

Court Disposition

Appeal upheld; development application approved subject to conditions; costs awarded

Orders

  • ['The Applicant is granted leave to amend Development Application No. SPP-17-00019 and to rely upon the listed amended plans.' 'The appeal is upheld.' "The Applicant is to pay the Respondent's costs pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed."...