Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1050

Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1050

The appeal was upheld and the development application approved in accordance with the agreement reached under s 34(3) of the Land and Environment Court Act 1979, as the Commissioner was satisfied the Court could have made that decision in the proper exercise of its functions.

Parties
Applicant: Universal Property Group Pty Ltd; Respondent: Blacktown City Council
Jurisdiction
Australia
Judgment Date
07 February 2017
Procedural Posture
Appeal Against Development Application Refusal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; development application approved by consent
Legal Topics
Development Application, Consent Orders, Conciliation Conference
Planning and Environment Development Application Consent Orders Conciliation Conference

Case Brief

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Parties

Universal Property Group Pty Ltd

Applicant

Blacktown City Council

Respondent

Procedural Posture

Appeal Against Development Application Refusal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Appeal against refusal of Development Application No. DA-16-03304
  2. 2 Whether amended plans and documents should be relied upon
  3. 3 Approval of Stage 3 multi dwelling development

Ratio Decidendi

The appeal was upheld and the development application approved in accordance with the agreement reached under s 34(3) of the Land and Environment Court Act 1979, as the Commissioner was satisfied the Court could have made that decision in the proper exercise of its functions.

Court Disposition

Appeal upheld; development application approved by consent

Orders

  • The appeal is upheld.
  • The Applicant is granted leave to amend development application no. DA-16-03304 and to rely upon amended plans, amended Statement of Environmental Effects, amended Waste Management Plan, and updated BASIX Certificate.