Universal Property Group Pty Ltd v Blacktown City Council [2021] NSWLEC 1019

Universal Property Group Pty Ltd v Blacktown City Council [2021] NSWLEC 1019

Because the Commissioner was satisfied that the relevant jurisdictional requirements had been met and that the parties' agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the proceedings to be disposed of in accordance with that agreement. The appeal was therefore upheld and development consent was granted subject to conditions.

Jurisdiction
Australia
Judgment Date
15 January 2021
Procedural Posture
Class 1 Appeal Against Deemed Refusal of Development Application DA 18 00947 / Final Orders Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
['development Application' 'residential Flat Building' 'deemed Refusal' 'conciliation Conference' 'agreement Between the Parties' 'development Consent Subject to Conditions']
['environmental Planning and Assessment' 'land and Environment Court Class 1 Proceedings'] ['development Application' 'residential Flat Building' 'deemed Refusal' 'conciliation Conference' 'agreement Between the Parties' 'development Consent Subject to Conditions']

Case Brief

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Procedural Posture

Class 1 Appeal Against Deemed Refusal of Development Application DA 18 00947 / Final Orders Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the parties' agreed decision under s 34 of the Land and Environment Court Act 1979 was a decision that the Court could have made in the proper exercise of its functions." 'Whether the relevant pre-jurisdictional requirements of the applicable environmental planning instruments and legislation were satisfied so that development consent could be granted.' 'Whether the appeal should be upheld and development consent granted subject to conditions.']

Ratio Decidendi

Because the Commissioner was satisfied that the relevant jurisdictional requirements had been met and that the parties' agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the proceedings to be disposed of in accordance with that agreement. The appeal was therefore upheld and development consent was granted subject to conditions.

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • ['The Applicant is granted leave to amend its development application to rely upon the listed architectural plans and landscape plans.' 'The Applicant is granted leave to amend its development application to rely upon the listed documents, including the Waste Management Plan – Revision F, BASIX Certificate Number...