Universal Property Group Pty Ltd v Blacktown City Council [2018] NSWLEC 1196

Universal Property Group Pty Ltd v Blacktown City Council [2018] NSWLEC 1196

Parties reached an agreement under s34(3) of the Land and Environment Court Act 1979 as to the terms of an approval of the development application; the Court was satisfied it could make such a decision and disposed of proceedings accordingly, without assessment of the merits of the original issues in dispute.

Jurisdiction
Australia
Judgment Date
20 April 2018
Procedural Posture
Class 1 Appeal / Final Orders After Conciliation Conference, With Agreement Under S34(3) Land and Environment Court Act 1979
Outcome
Appeal upheld and development application approved subject to conditions; orders by consent
Legal Topics
['development Application' 'subdivision' 'multi Dwelling Development' 'site Works' 'section 34 Agreement' 'land and Environment Court Procedure']
['environmental Law' 'planning Law'] ['development Application' 'subdivision' 'multi Dwelling Development' 'site Works' 'section 34 Agreement' 'land and Environment Court Procedure']

Case Brief

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Procedural Posture

Class 1 Appeal / Final Orders After Conciliation Conference, With Agreement Under S34(3) Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether development application for subdivision, construction of public roads and 25 dwellings should be approved on terms agreed under s34(3) Land and Environment Court Act 1979']

Ratio Decidendi

Parties reached an agreement under s34(3) of the Land and Environment Court Act 1979 as to the terms of an approval of the development application; the Court was satisfied it could make such a decision and disposed of proceedings accordingly, without assessment of the merits of the original issues in dispute.

Court Disposition

Appeal upheld and development application approved subject to conditions; orders by consent

Orders

  • ['Applicant granted leave to rely upon specified amended material and plans' 'Appeal upheld' "Applicant to pay respondent's costs under s8.15(3) Environmental Planning and Assessment Act 1979, as agreed or assessed" "Development Application No. DA-17-0062 is approved subject to conditions in Annexure 'A'"]