Universal Property Group Pty Ltd v Blacktown City Council [2019] NSWLEC 1639

Universal Property Group Pty Ltd v Blacktown City Council [2019] NSWLEC 1639

The agreement reached between the parties at conciliation conference is a decision the Court can properly make as statutory and procedural requirements have been met, and there are no jurisdictional impediments. Consequently, consent is granted for the subdivision application subject to agreed conditions.

Jurisdiction
Australia
Judgment Date
20 December 2019
Procedural Posture
Appeal (class 1) Development Application / Orders Following Conciliation Conference Under S 34(3) Land and Environment Court Act 1979
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
['development Application' 'subdivision' 'conciliation Conference' 'land Use Planning']
['environmental Law' 'planning Law'] ['development Application' 'subdivision' 'conciliation Conference' 'land Use Planning']

Case Brief

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Procedural Posture

Appeal (class 1) Development Application / Orders Following Conciliation Conference Under S 34(3) Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether consent should be granted for a subdivision and associated works at 150 Guntawong Road, Rouse Hill' 'Whether agreement reached at conciliation conference is a decision the Court can properly make']

Ratio Decidendi

The agreement reached between the parties at conciliation conference is a decision the Court can properly make as statutory and procedural requirements have been met, and there are no jurisdictional impediments. Consequently, consent is granted for the subdivision application subject to agreed conditions.

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • ['The appeal is upheld.' 'Development Application No. DA-18-02016 for the subdivision of land into three (3) torrens title lots and associated works including the construction of three roads, a temporary access road, temporary on-site detention basin and associated tree removal on land known as 150 Guntawong Road,...