Universal Property Group Pty Ltd v Blacktown City Council [2016] NSWLEC 1528

Universal Property Group Pty Ltd v Blacktown City Council [2016] NSWLEC 1528

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; accordingly the proceedings were disposed of in accordance with the agreement by granting leave to amend the development application, upholding the appeal, and approving the development application subject to conditions.

Jurisdiction
Australia
Judgment Date
09 November 2016
Procedural Posture
Class 1 Appeal Against Refusal of Development Application No 15/2810 / Final Orders After Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application No. 15/2810 approved subject to conditions of consent contained in Annexure A.
Legal Topics
['development Application' 'medium Density Housing Development' 'conciliation Conference' 'agreement Between the Parties' 'consent Orders']
['planning and Environment Law'] ['development Application' 'medium Density Housing Development' 'conciliation Conference' 'agreement Between the Parties' 'consent Orders']

Case Brief

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Procedural Posture

Class 1 Appeal Against Refusal of Development Application No 15/2810 / Final Orders After Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the proceedings should be disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether the agreed decision was one the Court could have made in the proper exercise of its functions.']

Ratio Decidendi

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; accordingly the proceedings were disposed of in accordance with the agreement by granting leave to amend the development application, upholding the appeal, and approving the development application subject to conditions.

Court Disposition

Appeal upheld; Development Application No. 15/2810 approved subject to conditions of consent contained in Annexure A.

Orders

  • ['The Applicant is given leave to amend the development application by substituting the listed plans and documentation as the plans and documentation relied upon for the purpose of the development application.' 'The appeal is upheld.' 'Development Application No. 15/2810 for the construction of a medium density...