Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1492

Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1492

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, permitting amendment of the development application, upholding the clause 4.6 request, ordering costs, and approving the development application subject to conditions.

Jurisdiction
Australia
Judgment Date
06 September 2017
Procedural Posture
Class 1 Development Application Appeal / Orders Made After Agreement at or After Conciliation Conference Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; leave granted to amend the development application; clause 4.6 request upheld; development application approved subject to conditions; applicant to pay respondent's costs pursuant to section 97B of the Environmental Planning and Assessment Act 1979 as agreed or assessed.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between Parties' 'clause 4.6 Variation' 'height of Building Development Standard' 'costs']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between Parties' 'clause 4.6 Variation' 'height of Building Development Standard' 'costs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

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

Legal Issues

  1. 1 ["Whether the Court should dispose of the proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether leave should be granted to amend Development Application No. JRPP-16-03333 and rely on amended plans and documents.' "Whether the applicant's clause 4.6 request for variation of the Height of Building development standard under State Environmental Planning Policy (Sydney Growth Centres) 2006 should be upheld." 'Whether Development Application No. JRPP-16-03333 should be approved subject to conditions.']

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, permitting amendment of the development application, upholding the clause 4.6 request, ordering costs, and approving the development application subject to conditions.

Court Disposition

Appeal upheld; leave granted to amend the development application; clause 4.6 request upheld; development application approved subject to conditions; applicant to pay respondent's costs pursuant to section 97B of the Environmental Planning and Assessment Act 1979 as agreed or assessed.

Orders

  • ['The appeal is upheld.' 'The Applicant is granted leave to amend Development Application No. JRPP-16-03333 and to rely upon the amended plans and documents behind Annexure "A".' 'The Applicant\'s clause 4.6 request, prepared by GLN Planning Consulting Strategy, for a variation of the Height of Building development...