Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1493

Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1493

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 upholding the appeal and approving the development application subject to conditions.

Jurisdiction
Australia
Judgment Date
06 September 2017
Procedural Posture
Class 1 Development Application Appeal / Orders Following Conciliation Conference Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; clause 4.6 written request upheld; development application approved subject to conditions of consent; Applicant to pay Respondent's costs under section 97B as agreed or assessed.
Legal Topics
['development Application' 'conciliation Conference' 'section 34 Agreement' 'clause 4.6 Variation' 'residential Flat Buildings']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'section 34 Agreement' 'clause 4.6 Variation' 'residential Flat Buildings']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Orders Following Conciliation Conference 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 the Court could have made in the proper exercise of its functions.' 'Whether development application No. JRPP-16-03338 should be approved subject to conditions of 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 upholding the appeal and approving the development application subject to conditions.

Court Disposition

Appeal upheld; clause 4.6 written request upheld; development application approved subject to conditions of consent; Applicant to pay Respondent's costs under section 97B as agreed or assessed.

Orders

  • ['The appeal is upheld.' 'The Applicant is granted leave to rely upon the amended material listed in Annexure A.' "The Applicant's clause 4.6 written request prepared by GLN planning Consulting Strategy for a variation of the Height of Building development standard under State Environmental Planning Policy (Sydney...