Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1733

Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1733

The appeal is upheld and the development application is approved, with the orders implementing the agreement between parties under s 34(3) of the Land and Environment Court Act 1979, and subject to the payment of costs and approval conditions set out in Annexure 'A'.

Jurisdiction
Australia
Judgment Date
18 December 2017
Procedural Posture
Class 1 Appeal / Post Conciliation, Orders Following Agreement
Outcome
Appeal upheld and development application approved subject to agreed conditions. Costs awarded to Respondent.
Legal Topics
['development Application' 'appeal Against Refusal' 'conciliation Conference' 'approval Subject to Conditions']
['planning and Environment Law'] ['development Application' 'appeal Against Refusal' 'conciliation Conference' 'approval Subject to Conditions']

Case Brief

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Procedural Posture

Class 1 Appeal / Post Conciliation, Orders Following Agreement

Legal Issues

  1. 1 ['Whether the development application should be approved following agreement under s 34(3) of the Land and Environment Court Act 1979']

Ratio Decidendi

The appeal is upheld and the development application is approved, with the orders implementing the agreement between parties under s 34(3) of the Land and Environment Court Act 1979, and subject to the payment of costs and approval conditions set out in Annexure 'A'.

Court Disposition

Appeal upheld and development application approved subject to agreed conditions. Costs awarded to Respondent.

Orders

  • ['The appeal is upheld.' 'The Applicant is granted leave to rely upon specified amended material and plans.' "The Applicant is to pay the Respondent's costs under section 97B of the Environmental Planning Assessment Act 1979 in the amount of $6,700 within 28 days." "Development Application No. DA-17-00675 is...