Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1336

Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1336

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 the agreed decision by upholding the appeal and granting development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
28 June 2017
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Orders Made by Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted to Development Application No. 16-05229 subject to conditions at Annexure A.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between Parties' 'development Consent' 'subdivision']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between Parties' 'development Consent' 'subdivision']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether an agreement under s 34(3) of the Land and Environment Court Act 1979 had been reached between the parties as to terms of a decision acceptable to them.' 'Whether the agreed decision was one that the Court could have made in the proper exercise of its functions.' "What orders should be made to give effect to the parties' agreement."]

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 the agreed decision by upholding the appeal and granting development consent subject to conditions.

Court Disposition

Appeal upheld; development consent granted to Development Application No. 16-05229 subject to conditions at Annexure A.

Orders

  • ['The appeal is upheld.' 'The Applicant is granted leave to rely upon the amended plans listed in condition 2.1.1 and condition 4.1.3 of Annexure A.' 'No order for costs under s.97B of Environmental Planning and Assessment Act 1979 is made on account that the plan amendments are minor.' 'Development consent is...