Universal Property Group Pty Ltd v Blacktown City Council [2018] NSWLEC 1507

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

  1. 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.']