Universal Property Group Pty Ltd v Blacktown City Council [2016] NSWLEC 1591

Universal Property Group Pty Ltd v Blacktown City Council [2016] NSWLEC 1591

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 Court was required to dispose of the proceedings in accordance with that agreement without making a merit assessment of the issues originally in dispute.

Jurisdiction
Australia
Judgment Date
09 December 2016
Procedural Posture
Class 1 Development Application Proceedings / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted subject to conditions at Annexure A; applicant granted leave to amend its application; applicant ordered to pay Council's costs.
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 Proceedings / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the parties had reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them.' 'Whether the agreed decision was one the Court could have made in the proper exercise of its functions.' 'Whether the proceedings should be disposed of in accordance with the 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 Court was required to dispose of the proceedings in accordance with that agreement without making a merit assessment of the issues originally in dispute.

Court Disposition

Appeal upheld; development consent granted subject to conditions at Annexure A; applicant granted leave to amend its application; applicant ordered to pay Council's costs.

Orders

  • ['The Applicant is granted leave to amend its application to rely on the listed plans and documents, including BASIX Certificate number: 683235M_03.' "The applicant is to pay Council's costs pursuant to section 97B of the Environmental Planning and Assessment Act 1979 in the amount of $10,500.00 within 28 days."...