Universal Property Group Pty Ltd v Blacktown City Council [2019] NSWLEC 1552
Since the parties agreed on the terms of decision and the Court was satisfied that it was a decision that could be made in the proper exercise of its functions, the appeal was upheld and consent granted subject to conditions.
- Parties
- Applicant: Universal Property Group Pty Ltd; Respondent: Blacktown City Council
- Jurisdiction
- Australia
- Judgment Date
- 20 November 2019
- Procedural Posture
- Development Application Appeal / Final Orders on Agreement Post Conciliation
- Outcome
- Appeal upheld and development consent granted subject to conditions; Applicant to pay Respondent's costs
- Legal Topics
- Development Application, Conciliation Conference, Appeal, Consent Orders
Case Brief
Summary, issues, holding and outcome
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Parties
Universal Property Group Pty Ltd
Applicant
Blacktown City Council
Respondent
Procedural Posture
Development Application Appeal / Final Orders on Agreement Post Conciliation
Legal Issues
- 1 Whether consent should be granted to the development application DA-18-02060 following refusal by Blacktown City Council
Ratio Decidendi
Since the parties agreed on the terms of decision and the Court was satisfied that it was a decision that could be made in the proper exercise of its functions, the appeal was upheld and consent granted subject to conditions.
Court Disposition
Appeal upheld and development consent granted subject to conditions; Applicant to pay Respondent's costs
Orders
- Applicant granted leave to amend its development application as specified
- Applicant to pay Respondent's costs as agreed or assessed under s 8.15(3) of the Environmental Planning and Assessment Act 1979
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