Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1351

Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1351

As parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, and the Commissioner was satisfied the decision was proper, the Court was required to make orders reflecting the agreement, without any merit assessment of the original issues.

Parties
Applicant: Universal Property Group Pty Ltd; Respondent: Blacktown City Council
Jurisdiction
Australia
Judgment Date
03 July 2017
Procedural Posture
Development Application Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld. Development consent granted subject to conditions.
Legal Topics
Development Application, Conciliation Conference, Consent Orders
Planning and Environment Development Application Conciliation Conference Consent Orders

Case Brief

Summary, issues, holding and outcome

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Parties

Universal Property Group Pty Ltd

Applicant

Blacktown City Council

Respondent

Procedural Posture

Development Application Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Whether the appeal against refusal should be upheld and consent granted on agreed terms

Ratio Decidendi

As parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, and the Commissioner was satisfied the decision was proper, the Court was required to make orders reflecting the agreement, without any merit assessment of the original issues.

Court Disposition

Appeal upheld. Development consent granted subject to conditions.

Orders

  • The Applicant is granted leave to rely upon the amended engineering plans listed in condition 4.11.1 of Annexure A.
  • The appeal is upheld.