Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1676

Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1676

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 that agreement by making final orders.

Jurisdiction
Australia
Judgment Date
01 December 2017
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Agreement Between the Parties Under S 34(3) of the Land and Environment Court Act 1979; Final Orders
Outcome
Appeal upheld; applicant granted leave to amend the development application; clause 4.6 written request upheld; development consent granted subject to conditions in Annexure A.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'development Consent' 'clause 4.6 Written Request' 'height of Building Development Standard']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'development Consent' 'clause 4.6 Written Request' 'height of Building Development Standard']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether an agreement under s 34(3) of the Land and Environment Court Act 1979 had been reached between the parties as to terms of a decision acceptable to them.' 'Whether the agreed decision was one that the Court could have made in the proper exercise of its functions.' "Whether final orders should be made giving effect to the parties' agreement, including amendment of the development application, upholding the clause 4.6 written request and granting development consent."]

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 that agreement by making final orders.

Court Disposition

Appeal upheld; applicant granted leave to amend the development application; clause 4.6 written request upheld; development consent granted subject to conditions in Annexure A.

Orders

  • ['The appeal is upheld.' 'The Applicant is granted leave to amend the development application by relying on the amended plans: A2001 Revision F Compliance Table prepared by The Bathla Group dated November 2017; A2031 Revision A External Finishes Schedule prepared by The Bathla Group dated November 2017; A2008...