Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1520

Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1520

An agreement under s 34(3) of the Land and Environment Court Act 1979 having been reached and the Commissioner being satisfied the agreement met the requirements of the Act, the Court is required to make orders in the agreed terms without undertaking a merits assessment, thereby disposing of the appeal and granting the amended development consent subject to the agreed plans, documents, and conditions.

Parties
Applicant: UNIVERSAL PROPERTY GROUP PTY LTD; Respondent: BLACKTOWN CITY COUNCIL
Jurisdiction
Australia
Judgment Date
19 September 2017
Procedural Posture
Appeal (class 1) / Conciliation Conference; Final Orders Following Agreement
Outcome
Appeal upheld by consent; development application amended and approved subject to conditions; applicant to pay respondent's costs
Legal Topics
Development Application, Conciliation Conference, Section 34 Agreement, Building Height Variation, Costs
Planning and Environment Law Development Application Conciliation Conference Section 34 Agreement Building Height Variation Costs

Case Brief

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Parties

UNIVERSAL PROPERTY GROUP PTY LTD

Applicant

BLACKTOWN CITY COUNCIL

Respondent

Procedural Posture

Appeal (class 1) / Conciliation Conference; Final Orders Following Agreement

Legal Issues

  1. 1 Whether an agreement under s 34(3) of the Land and Environment Court Act 1979 was reached between the parties for the development application appeal
  2. 2 Whether the Court should dispose of the proceedings according to the agreement and grant the amendments and approvals sought

Ratio Decidendi

An agreement under s 34(3) of the Land and Environment Court Act 1979 having been reached and the Commissioner being satisfied the agreement met the requirements of the Act, the Court is required to make orders in the agreed terms without undertaking a merits assessment, thereby disposing of the appeal and granting the amended development consent subject to the agreed plans, documents, and conditions.

Court Disposition

Appeal upheld by consent; development application amended and approved subject to conditions; applicant to pay respondent's costs

Orders

  • The appeal is upheld.
  • The Applicant is granted leave to amend Development Application No. JRPP-16-03329 and to rely upon specified amended plans and documents.