Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1272

Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1272

The orders are made under s 34(3) of the Land and Environment Court Act 1979 giving effect to the parties' agreement reached at the conciliation conference, including approval of the development application in amended form, upholding the Clause 4.6 Exception, and awarding costs to the Respondent.

Jurisdiction
Australia
Judgment Date
31 May 2017
Procedural Posture
Development Appeal / Final Orders Following Conciliation Conference
Outcome
Appeal upheld; development application approved as amended; Clause 4.6 Exception upheld; costs ordered to Respondent
Legal Topics
['development Application' 'conciliation Conference' 'costs' 'clause 4.6 Exception']
['environmental and Planning Law'] ['development Application' 'conciliation Conference' 'costs' 'clause 4.6 Exception']

Case Brief

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Procedural Posture

Development Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 ['Whether agreement under s 34(3) of the Land and Environment Court Act 1979 is acceptable and can be disposed by the Court' 'Whether development application should be approved in amended form' 'Costs payable under section 97B Environmental Planning and Assessment Act 1979' 'Upholding Clause 4.6 Exception for variation to maximum height of buildings']

Ratio Decidendi

The orders are made under s 34(3) of the Land and Environment Court Act 1979 giving effect to the parties' agreement reached at the conciliation conference, including approval of the development application in amended form, upholding the Clause 4.6 Exception, and awarding costs to the Respondent.

Court Disposition

Appeal upheld; development application approved as amended; Clause 4.6 Exception upheld; costs ordered to Respondent

Orders

  • ['The appeal is upheld.' 'The Applicant is granted leave to further amend Development Application No. JRPP-16-03309 and rely on specified amended plans and documents.' "The Applicant is to pay the Respondent's costs under section 97B of the Environmental Planning and Assessment Act 1979, as agreed or assessed." 'The...