Universal Property Group Pty Ltd v Blacktown City Council [2021] NSWLEC 1331

Universal Property Group Pty Ltd v Blacktown City Council [2021] NSWLEC 1331

Because the parties reached an agreement under s 34, and the proposed decision to grant leave to amend the development application and approve the development subject to conditions was one the Court could have made after being satisfied that the relevant planning controls, infrastructure, contamination, design quality and BASIX preconditions were met and that there was no jurisdictional impediment, the Court was required to dispose of the proceedings in accordance with the agreement.

Jurisdiction
Australia
Judgment Date
16 June 2021
Procedural Posture
Class 1 Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against the Deemed Refusal of Development Application DA 19 01485 / Conciliation Conference Pursuant to S 34 of the Land and Environment Court Act 1979; Agreement Between the Parties; Final Orders
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
['development Application' 'residential Flat Building' 'deemed Refusal Appeal' 'conciliation Agreement' 'state Environmental Planning Policy Compliance' 'building Height' 'contamination' 'design Quality' 'basix']
['planning and Environment' 'development Consent'] ['development Application' 'residential Flat Building' 'deemed Refusal Appeal' 'conciliation Agreement' 'state Environmental Planning Policy Compliance' 'building Height' 'contamination' 'design Quality' 'basix']

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Procedural Posture

Class 1 Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against the Deemed Refusal of Development Application DA 19 01485 / Conciliation Conference Pursuant to S 34 of the Land and Environment Court Act 1979; Agreement Between the Parties; Final Orders

Legal Issues

  1. 1 ["Whether the Court should dispose of the proceedings in accordance with the parties' s 34 agreement." 'Whether the proposed decision to grant leave to amend the development application and grant development consent subject to conditions was a decision the Court could have made in the proper exercise of its functions.' 'Whether statutory preconditions to the grant of development consent were satisfied.']

Ratio Decidendi

Because the parties reached an agreement under s 34, and the proposed decision to grant leave to amend the development application and approve the development subject to conditions was one the Court could have made after being satisfied that the relevant planning controls, infrastructure, contamination, design quality and BASIX preconditions were met and that there was no jurisdictional impediment, the Court was required to dispose of the proceedings in accordance with the agreement.

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • ['The Applicant is granted leave to amend its development application and to rely upon the plans and documents listed in order 20(1).' 'The appeal is upheld.' 'Development Application No. DA-19-01485, for the construction of a residential flat building containing 71 units and associated drainage and landscaping...