Universal Property Group Pty Ltd v Blacktown City Council [2016] NSWLEC 1534

Universal Property Group Pty Ltd v Blacktown City Council [2016] NSWLEC 1534

The Court upheld the appeal and approved the amended development application as an agreement was reached between the parties under s 34(3) of the Land and Environment Court Act 1979, and the Commissioner was satisfied the decision was one the Court could have properly made.

Parties
Applicant: Universal Property Group Pty Ltd; Respondent: Blacktown City Council
Jurisdiction
Australia
Judgment Date
14 November 2016
Procedural Posture
Class 1 Appeal / Disposition Following Conciliation Conference
Outcome
Appeal upheld; development application approved subject to conditions; costs ordered.
Legal Topics
Development Application, Conciliation Conference, Court Agreement
Planning and Environment Development Application Conciliation Conference Court Agreement

Case Brief

Summary, issues, holding and outcome

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Parties

Universal Property Group Pty Ltd

Applicant

Blacktown City Council

Respondent

Procedural Posture

Class 1 Appeal / Disposition Following Conciliation Conference

Legal Issues

  1. 1 Whether appeal against refusal of development application should be upheld
  2. 2 Whether amended development plans are acceptable to both parties

Ratio Decidendi

The Court upheld the appeal and approved the amended development application as an agreement was reached between the parties under s 34(3) of the Land and Environment Court Act 1979, and the Commissioner was satisfied the decision was one the Court could have properly made.

Court Disposition

Appeal upheld; development application approved subject to conditions; costs ordered.

Orders

  • The appeal is upheld.
  • The Applicant is granted leave to amend Development Application No. JRPP 16-02970 and to rely upon the amended plans listed in conditions 2.1.1 and 4.1.3, copies of which are behind Annexure 'A'.