Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1284

Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1284

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 had to be disposed of in accordance with that agreement by upholding the appeal and approving the development application subject to conditions.

Jurisdiction
Australia
Judgment Date
05 June 2017
Procedural Posture
Class 1 Appeal Against Refusal of a Development Application / Orders Made Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application No. JRPP-16-03321 approved subject to the conditions at Annexure A.
Legal Topics
['development Application' 'subdivision of Land' 'conciliation Conference' 'agreement Between the Parties' 'land and Environment Court Act 1979 S 34(3)']
['planning and Environment Law'] ['development Application' 'subdivision of Land' 'conciliation Conference' 'agreement Between the Parties' 'land and Environment Court Act 1979 S 34(3)']

Case Brief

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Procedural Posture

Class 1 Appeal Against Refusal of a Development Application / Orders Made Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether orders should be made to give effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979 for approval of the development application."]

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 had to be disposed of in accordance with that agreement by upholding the appeal and approving the development application subject to conditions.

Court Disposition

Appeal upheld; Development Application No. JRPP-16-03321 approved subject to the conditions at Annexure A.

Orders

  • ['The appeal is upheld.' 'Development Application No. JRPP-16-03321 is approved for the subdivision of Lot 5 in DP 262886 into 8 lots (including 6 Residential Lots, 1 RE1 zoned Lot and 1 SP2 zoned Lot) including ancillary storm water and public domain landscaping works, demolition of existing structures and tree...