Universal Property Group Pty Ltd v Blacktown City Council [2016] NSWLEC 1273

Universal Property Group Pty Ltd v Blacktown City Council [2016] NSWLEC 1273

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Acting 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 amended development application subject to conditions.

Jurisdiction
Australia
Judgment Date
23 June 2016
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; amended Development Application No. 15-02785 approved subject to conditions.
Legal Topics
['development Application' 'residential Subdivision' 'clause 4.6 Variation to Minimum Lot Sizes' 'bushfire' 'conciliation Conference' 'agreement Between the Parties' 'costs']
['planning and Environment Law'] ['development Application' 'residential Subdivision' 'clause 4.6 Variation to Minimum Lot Sizes' 'bushfire' 'conciliation Conference' 'agreement Between the Parties' 'costs']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the Court could make orders giving effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979" 'Whether Development Application No. 15-02785, as amended, should be approved 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 Acting 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 amended development application subject to conditions.

Court Disposition

Appeal upheld; amended Development Application No. 15-02785 approved subject to conditions.

Orders

  • ['The appeal is upheld.' 'The Applicant is granted leave to amend Development Application No. 15-02785 and to rely upon the amended plans listed in condition 2.1.1 (and cl. 4.6 request dated 26 May 2016), copies of which are behind Annexure "A".' "The Applicant is to pay the Respondent's costs, as agreed or...