Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1571

Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1571

The Court's orders were made pursuant to s 34(3) of the Land and Environment Court Act 1979 as a result of an agreement between the parties, and the decision was within the Court's jurisdiction and powers.

Jurisdiction
Australia
Judgment Date
11 October 2017
Procedural Posture
Class 1 / Post Conciliation Conference Orders
Outcome
Appeal upheld; development application approved; costs ordered against Applicant
Legal Topics
['development Application' 'conciliation Conference' 'height Variation' 'costs']
['planning and Environment'] ['development Application' 'conciliation Conference' 'height Variation' 'costs']

Case Brief

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Procedural Posture

Class 1 / Post Conciliation Conference Orders

Legal Issues

  1. 1 ["Whether an agreement under s 34(3) of the Land and Environment Court Act 1979 between the parties is suitable for the Court's order" 'Whether to uphold the applicant’s written request seeking variation of the Height of Building development standard under State Environmental Planning Policy (Sydney Growth Centres) 2006' 'Entitlement to costs']

Ratio Decidendi

The Court's orders were made pursuant to s 34(3) of the Land and Environment Court Act 1979 as a result of an agreement between the parties, and the decision was within the Court's jurisdiction and powers.

Court Disposition

Appeal upheld; development application approved; costs ordered against Applicant

Orders

  • ['The appeal is upheld.' 'The Applicant is granted leave to rely upon amended material listed in Annexure A.' "The Applicant's clause 4.6 written request for variation of Height of Building standard is upheld." "The Applicant is to pay the Respondent's costs under section 97B of the Environmental Planning Assessment...