Universal Property Group Pty Ltd v Blacktown City Council [2016] NSWLEC 1646

Universal Property Group Pty Ltd v Blacktown City Council [2016] NSWLEC 1646

The parties reached an agreement under section 34(3) of the Land and Environment Court Act 1979 as to terms acceptable to both; the Commissioner was satisfied the Court could have made the decision, requiring the Court to dispose of proceedings in accordance with that agreement. No merit assessment was made of issues originally in dispute.

Parties
Applicant: UNIVERSAL PROPERTY GROUP PTY LTD; Respondent: BLACKTOWN CITY COUNCIL
Jurisdiction
Australia
Judgment Date
21 December 2016
Procedural Posture
Class 1 / Conciliation Conference/final Orders
Outcome
Appeal upheld; Development Application approved subject to conditions
Legal Topics
Development Application, Staged Construction, Residential Flat Buildings, Multi Dwelling Housing, Basement Car Parking, Landscaping, Stormwater Drainage, Height, Bulk, Scale, Setbacks, Waste Services
Planning and Environment Development Application Staged Construction Residential Flat Buildings Multi Dwelling Housing Basement Car Parking Landscaping Stormwater Drainage +5 more

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Parties

UNIVERSAL PROPERTY GROUP PTY LTD

Applicant

BLACKTOWN CITY COUNCIL

Respondent

Procedural Posture

Class 1 / Conciliation Conference/final Orders

Legal Issues

  1. 1 Whether development consent should be granted for staged construction of residential flat buildings and multi-dwelling housing including basement car parking and associated works
  2. 2 Height, bulk, scale, encroachments into setbacks, waste services

Ratio Decidendi

The parties reached an agreement under section 34(3) of the Land and Environment Court Act 1979 as to terms acceptable to both; the Commissioner was satisfied the Court could have made the decision, requiring the Court to dispose of proceedings in accordance with that agreement. No merit assessment was made of issues originally in dispute.

Court Disposition

Appeal upheld; Development Application approved subject to conditions

Orders

  • The Applicant is granted leave to amend its application to rely on specified plans and documents.
  • The applicant is to pay Council's costs pursuant to section 97B of the Environmental Planning and Assessment Act 1979 as agreed or assessed.