Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1318

Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1318

An agreement acceptable to both parties was reached at or after a conciliation conference, and the Commissioner, satisfied that the Court could have made the decision, disposed of the proceedings in accordance with s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
15 June 2017
Procedural Posture
Appeal / Conciliation Conference; Final Orders
Outcome
Appeal upheld; development application approved; costs orders made
Legal Topics
['development Application' 'conciliation Conference' 'section 34 Agreement']
['environmental Law' 'planning Law'] ['development Application' 'conciliation Conference' 'section 34 Agreement']

Case Brief

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Procedural Posture

Appeal / Conciliation Conference; Final Orders

Legal Issues

  1. 1 ["Whether the terms of the parties' agreement are acceptable to the Court under s 34(3) Land and Environment Court Act 1979"]

Ratio Decidendi

An agreement acceptable to both parties was reached at or after a conciliation conference, and the Commissioner, satisfied that the Court could have made the decision, disposed of the proceedings in accordance with s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development application approved; costs orders made

Orders

  • ['The appeal is upheld.' 'The Applicant is granted leave to rely upon the amended plans listed in conditions 2.1.1 and 4.1.3.' "The Applicant is to pay the Respondent's costs under s.97B of the Environmental Planning Assessment Act 1979 as agreed or assessed." "Development Application No. 16-04983 is approved for...