Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1375

Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1375

An agreement was reached between the parties at or after a conciliation conference under s 34(3) of the Land and Environment Court Act 1979 regarding the development application, and the Court was satisfied that the decision was one it could have properly made; orders were made accordingly without any merit assessment.

Parties
Applicant: UNIVERSAL PROPERTY GROUP PTY LTD; Respondent: BLACKTOWN CITY COUNCIL
Jurisdiction
Australia
Judgment Date
18 July 2017
Procedural Posture
Class 1 Appeal / Final Orders Following Conciliation Conference
Outcome
Appeal upheld; development application approved subject to substituted plans and conditions; costs orders made.
Legal Topics
Development Application, Conciliation Conference, Local Environmental Plan, Costs
Environmental Law Planning Law Development Application Conciliation Conference Local Environmental Plan Costs

Case Brief

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Parties

UNIVERSAL PROPERTY GROUP PTY LTD

Applicant

BLACKTOWN CITY COUNCIL

Respondent

Procedural Posture

Class 1 Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 Whether the parties reached an agreement on the terms of the development application appeal under s 34(3) of the Land and Environment Court Act 1979
  2. 2 Whether the Court is satisfied that the decision is one it could have made in the proper exercise of its functions
  3. 3 The substitution of new plans and documents for the development application

Ratio Decidendi

An agreement was reached between the parties at or after a conciliation conference under s 34(3) of the Land and Environment Court Act 1979 regarding the development application, and the Court was satisfied that the decision was one it could have properly made; orders were made accordingly without any merit assessment.

Court Disposition

Appeal upheld; development application approved subject to substituted plans and conditions; costs orders made.

Orders

  • Leave granted to substitute plans and documents as set out for Development Application No. JRPP-16-03340.
  • Applicant to pay Respondent's costs thrown away as agreed or assessed in accordance with section 97B of the Environmental Planning and Assessment Act 1979.