Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1233

Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1233

Having been satisfied the agreed decision was one the Court could make in proper exercise of its functions, the Commissioner was required under s 34(3) to dispose of the proceedings in accordance with the decision and make orders giving it effect.

Jurisdiction
Australia
Judgment Date
08 May 2017
Procedural Posture
Class 1 / Conciliation Conference Agreement and Final Orders
Outcome
Appeal upheld by agreement under s 34(3) of the Land and Environment Court Act 1979; development application approved subject to conditions.
Legal Topics
['development Application' 's 34 Land and Environment Court Act 1979' 'conciliation Conference' 'appeal' 'subdivision Approval']
['planning and Environment'] ['development Application' 's 34 Land and Environment Court Act 1979' 'conciliation Conference' 'appeal' 'subdivision Approval']

Case Brief

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Procedural Posture

Class 1 / Conciliation Conference Agreement and Final Orders

Legal Issues

  1. 1 ['Whether the parties’ agreed decision following conciliation can be made as a consent order under s 34(3) of the Land and Environment Court Act 1979']

Ratio Decidendi

Having been satisfied the agreed decision was one the Court could make in proper exercise of its functions, the Commissioner was required under s 34(3) to dispose of the proceedings in accordance with the decision and make orders giving it effect.

Court Disposition

Appeal upheld by agreement under s 34(3) of the Land and Environment Court Act 1979; development application approved subject to conditions.

Orders

  • ['The appeal is upheld.' 'The Applicant is granted leave to rely on specified amended plans.' 'Deferred commencement approval is granted to Development Application No. 16-03182 for subdivision and associated works on multiple lots as described, subject to conditions at Annexure A.']