Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1688

Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1688

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 Court was required to dispose of the proceedings in accordance with that agreement and made final orders upholding the appeal, permitting 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 / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'section 34 Agreement' 'development Consent' 'clause 4.6 Variation Request']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'section 34 Agreement' 'development Consent' 'clause 4.6 Variation Request']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Final Orders Following Conciliation Conference and 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 that the Court could have made in the proper exercise of its functions.' 'Whether orders should be made granting leave to amend the development application, upholding the clause 4.6 written request, and granting development consent subject to conditions.']

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 Court was required to dispose of the proceedings in accordance with that agreement and made final orders upholding the appeal, permitting amendment of the development application, upholding the clause 4.6 written request, and granting development consent subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['The appeal is upheld.' 'The Applicant is granted leave to amend the development application by relying on amended plan A2033 Revision F, External Finishes Schedule, prepared by The Bathla Group, dated 7 November 2017.' "The Applicant's clause 4.6 written request prepared by Boston Blyth Fleming for a variation of...