Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1049

Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1049

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
07 February 2017
Procedural Posture
Class 1 Appeal Against Refusal of Development Application / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; leave granted to amend Development Application No. DA-15-02702; Development Application No. DA-15-02702 for Stage 1 approved; Applicant to pay the Respondent's reasonable costs under s.97B of Environment Planning and Assessment Act 1979, as agreed or assessed.
Legal Topics
['development Application' 'development Consent' 'conciliation Conference' 'section 34 Agreement' 'multi Dwelling Development']
['planning and Environment Law'] ['development Application' 'development Consent' 'conciliation Conference' 'section 34 Agreement' 'multi Dwelling Development']

Case Brief

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Procedural Posture

Class 1 Appeal Against Refusal of Development Application / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the agreement reached between the parties under s 34(3) of the Land and Environment Court Act 1979 was a decision the Court could have made in the proper exercise of its functions.' "Whether the proceedings should be disposed of in accordance with the parties' agreed decision."]

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with that agreement.

Court Disposition

Appeal upheld; leave granted to amend Development Application No. DA-15-02702; Development Application No. DA-15-02702 for Stage 1 approved; Applicant to pay the Respondent's reasonable costs under s.97B of Environment Planning and Assessment Act 1979, as agreed or assessed.

Orders

  • ['The appeal is upheld.' 'The Applicant is granted leave to amend development application no. DA-15-02702 and to rely upon the amended plans listed in condition 2.1.1 and condition 6.1.3 of Annexure "A", Amended Statement of Environmental Effects dated November 2016, Amended Waste Management Plan Jan 2017, and...