Universal Property Group Pty Ltd v Blacktown City Council [2016] NSWLEC 1586

Universal Property Group Pty Ltd v Blacktown City Council [2016] NSWLEC 1586

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the proceedings were disposed of in accordance with that agreement without a merits assessment of the originally disputed issues.

Jurisdiction
Australia
Judgment Date
07 December 2016
Procedural Posture
Class 1 Development Application Appeal / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; leave granted to amend the development application; costs ordered; deferred commencement approval granted subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between Parties' 'deferred Commencement Approval' 'subdivision' 'costs']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between Parties' 'deferred Commencement Approval' 'subdivision' 'costs']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the Court should dispose of the proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether the agreed decision was one that the Court could have made in the proper exercise of its functions.']

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the proceedings were disposed of in accordance with that agreement without a merits assessment of the originally disputed issues.

Court Disposition

Appeal upheld; leave granted to amend the development application; costs ordered; deferred commencement approval granted subject to conditions.

Orders

  • ['The appeal is upheld.' 'The Applicant is granted leave to amend Development Application No. 15-2649 and to rely upon the amended plans listed at conditions 3.1.1 and 5.1.3 of consent at Annexure "A".' "The Applicant is to pay the Respondent's costs under s.97B of Environment Planning and Assessment Act 1979, as...