Universal Property Group Pty Ltd v Blacktown City Council [2018] NSWLEC 1149

Universal Property Group Pty Ltd v Blacktown City Council [2018] NSWLEC 1149

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the proceedings were disposed of in accordance with that agreement by upholding the appeal and approving the development application subject to conditions.

Jurisdiction
Australia
Judgment Date
23 March 2018
Procedural Posture
Class 1 Development Application Appeal / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application No. SPP-17-00018 approved subject to conditions in Annexure B; Applicant to pay the Respondent's costs under section 8.15(3) of the Environmental Planning Assessment Act 1979 as agreed or assessed.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'consent Orders' 'costs']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'consent Orders' 'costs']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the agreement reached between the parties under s 34(3) of the Land and Environment Court Act 1979 was a decision the Court could have made in the proper exercise of its functions.' "Whether the proceedings should be disposed of in accordance with the parties' agreed decision."]

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the proceedings were disposed of in accordance with that agreement by upholding the appeal and approving the development application subject to conditions.

Court Disposition

Appeal upheld; Development Application No. SPP-17-00018 approved subject to conditions in Annexure B; Applicant to pay the Respondent's costs under section 8.15(3) of the Environmental Planning Assessment Act 1979 as agreed or assessed.

Orders

  • ['The Applicant is granted leave to rely upon the amended material listed in Annexure A.' 'The appeal is upheld.' "Development Application No. SPP-17-00018 for the construction of two storey multi dwellings on each proposed Lots 6, 7, 8 & 10 in the proposed subdivision of Lot 51 DP1196583, known as 1086 Richmond...