Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1460

Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1460

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 agreed decision and make final orders giving effect to it.

Jurisdiction
Australia
Judgment Date
25 August 2017
Procedural Posture
Class 1 Development Application Appeal / Final Orders Following Conciliation Conference Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; deferred commencement consent granted subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'section 34 Agreement' 'deferred Commencement Consent' 'clause 4.6 Height Limit Variation' 'costs']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'section 34 Agreement' 'deferred Commencement Consent' 'clause 4.6 Height Limit Variation' 'costs']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Final 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 orders should be made to give effect to the agreement, including leave to amend the development application, a cl.4.6 height limit variation, costs and deferred commencement 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 Court was required to dispose of the proceedings in accordance with that agreed decision and make final orders giving effect to it.

Court Disposition

Appeal upheld; deferred commencement consent granted subject to conditions.

Orders

  • ['The appeal is upheld.' 'The Applicant is granted leave to amend the development application to include tree removal and to rely upon the amended material attached at Annexure A.' "The Applicant's cl.4.6 written request to vary the height limit is upheld." "The Applicant is to pay the Respondent's costs under...