Universal Property Group Pty Ltd v Blacktown City Council [2024] NSWLEC 1728
The parties' agreement satisfies all jurisdictional and statutory requirements; therefore, under s 34(3) of the Land and Environment Court Act 1979, the Court must uphold the appeal and grant development consent in accordance with the agreement.
Source-derived case information.
- Parties
- Applicant: Universal Property Group Pty Ltd; Respondent: Blacktown City Council
- Jurisdiction
- Australia
- Judgment Date
- 12 November 2024
- Procedural Posture
- Class 1 Development Appeal / Conciliation Conference and Judgment
- Outcome
- Appeal upheld; development consent granted subject to conditions.
- Legal Topics
- Development Appeal, Multi Dwelling Housing, Jurisdictional Prerequisites, Integrated Development, Biodiversity Certification
Source-derived case record
Summary, issues, holding and outcome
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Parties
Universal Property Group Pty Ltd
Applicant
Blacktown City Council
Respondent
Procedural Posture
Class 1 Development Appeal / Conciliation Conference and Judgment
Legal Issues
- 1 Whether jurisdictional prerequisites for development consent are satisfied
- 2 Whether integrated development requirements are met
- 3 Compliance with State Environmental Planning Policies
Ratio Decidendi
The parties' agreement satisfies all jurisdictional and statutory requirements; therefore, under s 34(3) of the Land and Environment Court Act 1979, the Court must uphold the appeal and grant development consent in accordance with the agreement.
Court Disposition
Appeal upheld; development consent granted subject to conditions.
Orders
- The appeal is upheld.
- Development consent is granted to Development Application No DA-23-00157, as amended, for four lot subdivision, staged construction of multi dwelling housing comprising 158 x 2 storey dwellings including 280 car parking spaces, construction and dedication of public roads, internal private roads, stormwater drainage...
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