Universal Property Group Pty Ltd v Blacktown City Council [2018] NSWLEC 1507
As agreement was reached under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied as required, the Court made orders to give effect to the parties' agreement, upholding the appeal and modifying the development consent.
- Jurisdiction
- Australia
- Judgment Date
- 25 September 2018
- Procedural Posture
- Appeal / Conciliation Conference, Final Orders
- Outcome
- Appeal upheld; orders by agreement under s 34(3) of the Land and Environment Court Act 1979
- Legal Topics
- ['development Application' 'modification of Consent' 'section 34 Agreement']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Appeal / Conciliation Conference, Final Orders
Legal Issues
- 1 ['Whether an agreement under s 34(3) of the Land and Environment Court Act 1979 was reached' 'Whether the Court could make the decision in the proper exercise of its functions']
Ratio Decidendi
As agreement was reached under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied as required, the Court made orders to give effect to the parties' agreement, upholding the appeal and modifying the development consent.
Court Disposition
Appeal upheld; orders by agreement under s 34(3) of the Land and Environment Court Act 1979
Orders
- ['The appeal is upheld.' 'Development Consent 16-04175 is modified in accordance with the modification of conditions as set out in Annexure A.' 'As a consequence of Order 2 above Development Consent DA 16-04175 is now subject to the consolidated, modified conditions of consent set out in Annexure B.']
Full Case Text
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