Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1168

Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1168

Parties reached agreement on terms of the development, Commissioner satisfied under s 34(3) that orders could properly be made, and orders made accordingly without merit assessment.

Jurisdiction
Australia
Judgment Date
31 March 2017
Procedural Posture
Appeal / Post Conciliation Conference Orders
Outcome
Appeal upheld by agreement; development application approved with conditions; applicant to pay respondent's costs; variation to height development standard upheld; deferred commencement approval granted
Legal Topics
['development Application' 'conciliation Conference' 'section 34 Agreement' 'height Development Standard Variation' 'deferred Commencement Approval']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'section 34 Agreement' 'height Development Standard Variation' 'deferred Commencement Approval']

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Procedural Posture

Appeal / Post Conciliation Conference Orders

Legal Issues

  1. 1 ['Whether an agreement reached under s 34(3) of the Land and Environment Court Act 1979 is acceptable and capable of being made by the Court' 'Whether the proposed variation to the height development standard should be upheld' 'Whether deferred commencement approval should be granted for the development application']

Ratio Decidendi

Parties reached agreement on terms of the development, Commissioner satisfied under s 34(3) that orders could properly be made, and orders made accordingly without merit assessment.

Court Disposition

Appeal upheld by agreement; development application approved with conditions; applicant to pay respondent's costs; variation to height development standard upheld; deferred commencement approval granted

Orders

  • ['The appeal is upheld.' 'The Applicant is granted leave to amend development application No. JRPP 16-03317 and rely upon listed amended plans and documents.' "The Applicant is to pay the Respondent's costs under s.97B of Environmental Planning and Assessment Act 1979, as agreed or assessed." 'The Clause 4.6 written...