Universal Property Group Pty Ltd v Blacktown City Council [2016] NSWLEC 1554

Universal Property Group Pty Ltd v Blacktown City Council [2016] NSWLEC 1554

The appeal was upheld and development application approved as the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Court was satisfied to dispose of proceedings accordingly, without a merit assessment of substantive issues.

Parties
Applicant: Universal Property Group Pty Ltd; Respondent: Blacktown City Council
Jurisdiction
Australia
Judgment Date
09 November 2016
Procedural Posture
Class 1 Development Application Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld. Development application approved by agreement.
Legal Topics
Development Application, Staged Subdivision, Multi Dwelling Development, Conciliation Conference, Statutory Agreement
Planning and Environment Development Application Staged Subdivision Multi Dwelling Development Conciliation Conference Statutory Agreement

Case Brief

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Parties

Universal Property Group Pty Ltd

Applicant

Blacktown City Council

Respondent

Procedural Posture

Class 1 Development Application Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Whether to uphold the development application appeal by agreement under s 34(3) of the Land and Environment Court Act 1979

Ratio Decidendi

The appeal was upheld and development application approved as the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Court was satisfied to dispose of proceedings accordingly, without a merit assessment of substantive issues.

Court Disposition

Appeal upheld. Development application approved by agreement.

Orders

  • The appeal is upheld.
  • The Applicant is granted leave to amend Integrated Development Application No. JRPP 15-2510 and to rely upon the amended plans listed in conditions 2.1.1, 2.1.2 and 8.1.3 of Annexure ‘A’.