Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1731

Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1731

The parties reached an agreement at conciliation and the Commissioner was satisfied the court could make such a decision; therefore, final orders were made to grant development consent in accordance with the agreement pursuant to s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
18 December 2017
Procedural Posture
Appeal (class 1) / Post Conciliation, Final Orders
Outcome
Appeal upheld with consent orders by agreement under s 34(3) Land and Environment Court Act 1979.
Legal Topics
['development Application' 'public Road Dedication' 'residential Flat Building' 'conciliation Conference' 'consent Orders']
['environmental Law' 'planning Law'] ['development Application' 'public Road Dedication' 'residential Flat Building' 'conciliation Conference' 'consent Orders']

Case Brief

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Procedural Posture

Appeal (class 1) / Post Conciliation, Final Orders

Legal Issues

  1. 1 ['Whether development consent should be granted for consolidation, dedication, and construction of a public road and residential flat building with associated works at 54-58 Advance Street, Riverstone.']

Ratio Decidendi

The parties reached an agreement at conciliation and the Commissioner was satisfied the court could make such a decision; therefore, final orders were made to grant development consent in accordance with the agreement pursuant to s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld with consent orders by agreement under s 34(3) Land and Environment Court Act 1979.

Orders

  • ['The appeal is upheld.' 'The Applicant is granted leave to amend the development application by relying on specified amended plans.' "The Applicant is to pay the Council's costs under s 97B of the Environmental Planning and Assessment Act 1979 arising from the amendment, as agreed or assessed." 'Development consent...