Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1444

Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1444

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied 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.

Jurisdiction
Australia
Judgment Date
21 August 2017
Procedural Posture
Class 1 Appeal Against Refusal of Development Application No. JRPP 16 03332 / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development application approved subject to conditions; clause 4.6 exception upheld; Applicant to pay Respondent's costs as agreed or assessed.
Legal Topics
['development Application' 'residential Flat Building' 'conciliation Conference' 'agreement Between Parties' 'clause 4.6 Exception' 'costs']
['planning and Environment Law'] ['development Application' 'residential Flat Building' 'conciliation Conference' 'agreement Between Parties' 'clause 4.6 Exception' 'costs']

Case Brief

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Procedural Posture

Class 1 Appeal Against Refusal of Development Application No. JRPP 16 03332 / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the proceedings should be disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether Development Application No. JRPP-16-03332 should be amended and approved subject to conditions.' 'Whether the clause 4.6 exception for variation of the Height of Building development standard under State Environmental Planning Policy (Sydney Growth Centres) 2006 should be upheld.']

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 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.

Court Disposition

Appeal upheld; development application approved subject to conditions; clause 4.6 exception upheld; Applicant to pay Respondent's costs as agreed or assessed.

Orders

  • ['The appeal is upheld.' 'The Applicant is granted leave to amend Development Application No. JRPP-16-03332 by relying on the listed plans and documents, including BASIX Certificate No. 751192M_02 dated 10 August 2017.' 'The clause 4.6 exception prepared by Boston Blyth Fleming and dated 31 July 2017, for a...