Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1675

Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1675

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 agreement by upholding the appeal, allowing amendment of the development application, upholding the clause 4.6 written request, and granting development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
04 December 2017
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
The appeal is upheld and development consent is granted subject to conditions.
Legal Topics
['development Application' 'development Consent' 'conciliation Conference' 'section 34 Agreement' 'clause 4.6 Variation' 'residential Flat Buildings']
['planning and Environment Law'] ['development Application' 'development Consent' 'conciliation Conference' 'section 34 Agreement' 'clause 4.6 Variation' 'residential Flat Buildings']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the parties had reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them.' 'Whether the agreed decision was one the Court could have made in the proper exercise of its functions.' "Whether the proceedings should be disposed of in accordance with 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 agreement by upholding the appeal, allowing amendment of the development application, upholding the clause 4.6 written request, and granting development consent subject to conditions.

Court Disposition

The appeal is upheld and development consent is granted subject to conditions.

Orders

  • ['The appeal is upheld.' 'The Applicant is granted leave to amend the development application by relying on the amended plans identified in the judgment.' "The Applicant's clause 4.6 written request prepared by Boston Blyth Fleming for a variation of the Height of Building development standard under State...