Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1693

Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1693

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 had to be disposed of in accordance with that agreement by making the final orders.

Jurisdiction
Australia
Judgment Date
04 December 2017
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Orders by Agreement 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 written request upheld; development consent granted subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between Parties' 'development Consent' 'clause 4.6 Variation' 'height of Building Development Standard']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between Parties' 'development Consent' 'clause 4.6 Variation' 'height of Building Development Standard']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Conciliation Conference; Orders by 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 should be given effect by orders of the Court.' 'Whether the applicant should be granted leave to amend the development application by relying on amended plans.' "Whether the applicant's clause 4.6 written request for variation of the Height of Building development standard under State Environmental Planning Policy (Sydney Growth Centres) 2006 should be upheld." 'Whether development consent should be granted to DA No. JRPP-16-0330 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 had to be disposed of in accordance with that agreement by making the final orders.

Court Disposition

Appeal upheld; leave granted to amend the development application; clause 4.6 written request upheld; development consent granted subject to conditions.

Orders

  • ['The appeal is upheld.' 'The Applicant is granted leave to amend the development application by relying on amended plans A2036 Revision F, External Finishes Schedule, prepared by The Bathla Group, dated November 2017, and A2037 Revision F, External Finishes Schedule A, prepared by The Bathla Group, dated November...