Universal Property Group Pty Limited v Blacktown City Council [2016] NSWLEC 1264

Universal Property Group Pty Limited v Blacktown City Council [2016] NSWLEC 1264

The agreement reached by the parties under s 34(3) of the Land and Environment Court Act 1979 was acceptable and lawful; therefore, the Court disposed of proceedings in accordance with the parties' agreed terms without making a merit assessment.

Jurisdiction
Australia
Judgment Date
27 May 2016
Procedural Posture
Class 1 Appeal / Post Conciliation Conference; Final Orders
Outcome
Appeal upheld; Development Application approved subject to conditions; Applicant to pay Respondent's costs
Legal Topics
['development Application' 'agreement After Conciliation Conference' 'medium Density Development' 'court Orders']
['planning and Environment'] ['development Application' 'agreement After Conciliation Conference' 'medium Density Development' 'court Orders']

Case Brief

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Procedural Posture

Class 1 Appeal / Post Conciliation Conference; Final Orders

Legal Issues

  1. 1 ['Whether the appeal should be upheld and development application approved as agreed between the parties']

Ratio Decidendi

The agreement reached by the parties under s 34(3) of the Land and Environment Court Act 1979 was acceptable and lawful; therefore, the Court disposed of proceedings in accordance with the parties' agreed terms without making a merit assessment.

Court Disposition

Appeal upheld; Development Application approved subject to conditions; Applicant to pay Respondent's costs

Orders

  • ['The appeal is upheld.' 'The Applicant is granted leave to rely upon amended plans listed in condition 2.1.1, as per Annexure A.' 'The Applicant is granted leave to amend property details to Lot 1 in DP 1218971 and Lot 110 in DP 1003613.' "The Applicant is to pay the Respondent's costs, as agreed or assessed, under...