Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1245

Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1245

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied the agreed decision was one the Court could have made in the proper exercise of its functions, the proceedings were disposed of by making orders in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
17 May 2017
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
The appeal was upheld and Development Application No. 16-04835 was approved subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between Parties' 'subdivision Approval' 'costs']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between Parties' 'subdivision Approval' '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 parties' agreement under s 34(3) of the Land and Environment Court Act 1979 should be given effect by orders of the Court." 'Whether Development Application No. 16-04835 should be approved subject to agreed conditions.']

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 the agreed decision was one the Court could have made in the proper exercise of its functions, the proceedings were disposed of by making orders in accordance with that agreement.

Court Disposition

The appeal was upheld and Development Application No. 16-04835 was approved subject to conditions.

Orders

  • ['The appeal is upheld.' 'The Applicant is granted leave to rely upon the amended engineering plans contained at condition 4.1.3 of Annexure A.' "The Applicant is to pay the Respondent's costs under s.97B of Environmental Planning and Assessment Act 1979, in the sum of $1900.00." 'Development Application No....