Universal Property Group Pty Ltd v Blacktown City Council [2021] NSWLEC 1017

Universal Property Group Pty Ltd v Blacktown City Council [2021] NSWLEC 1017

The Court was satisfied that the amended development application, plans, and supporting documents met all statutory planning requirements, environmental controls, and consent conditions, and as the parties reached agreement, the appeal was upheld and consent granted in accordance with s 34(3) of the Land and Environment Court Act 1979.

Parties
Applicant: Universal Property Group Pty Ltd; Respondent: Blacktown City Council
Jurisdiction
Australia
Judgment Date
15 January 2021
Procedural Posture
Class 1 Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; development application approved subject to conditions
Legal Topics
Development Application, Residential Flat Building, Consent Conditions, Marsden Park Precinct, Conciliation Conference
Planning and Development Development Application Residential Flat Building Consent Conditions Marsden Park Precinct Conciliation Conference

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Parties

Universal Property Group Pty Ltd

Applicant

Blacktown City Council

Respondent

Procedural Posture

Class 1 Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Whether the proposed residential flat building development complies with relevant environmental planning instruments and statutory requirements
  2. 2 Whether conditions of consent resolve matters in contention between the parties

Ratio Decidendi

The Court was satisfied that the amended development application, plans, and supporting documents met all statutory planning requirements, environmental controls, and consent conditions, and as the parties reached agreement, the appeal was upheld and consent granted in accordance with s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development application approved subject to conditions

Orders

  • Applicant granted leave to amend development application to rely on specified plans and documents.
  • Development Application No. DA-18-02226 approved subject to conditions at Annexure A.