Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1748

Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1748

An agreement was reached between the parties 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; accordingly, the proceedings were disposed of by orders giving effect to that agreement without a merit assessment of the issues originally in dispute.

Jurisdiction
Australia
Judgment Date
28 December 2017
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Orders by Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development application approved subject to conditions; applicant to pay respondent's costs as agreed or assessed.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'subdivision Approval' 'costs']
['environmental Planning and Assessment' 'land and Environment Court Procedure'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'subdivision Approval' 'costs']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether an agreement under s 34(3) of the Land and Environment Court Act 1979 had been reached between the parties as to terms of a decision acceptable to them.' 'Whether the agreed decision was one the Court could have made in the proper exercise of its functions.' "What orders should be made to give effect to the parties' agreement."]

Ratio Decidendi

An agreement was reached between the parties 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; accordingly, the proceedings were disposed of by orders giving effect to that agreement without a merit assessment of the issues originally in dispute.

Court Disposition

Appeal upheld; development application approved subject to conditions; applicant to pay respondent's costs as agreed or assessed.

Orders

  • ['The appeal is upheld.' 'The Applicant is granted leave to amend Development Application No. DA-17-01094 and to rely upon the amended plans and documents listed in the orders.' "The Applicant is to pay the Respondent's costs pursuant to section 97B of the Environmental Planning and Assessment Act 1979, as agreed or...