Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1296

Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1296

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 disposed of the proceedings in accordance with that agreement by upholding the appeal, granting leave to amend the development application, ordering costs, and granting deferred commencement approval subject to conditions.

Jurisdiction
Australia
Judgment Date
09 June 2017
Procedural Posture
Class 1 Development Application Appeal / Final Orders Following Conciliation Conference Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; leave granted to amend Development Application No. 16-04408; Applicant to pay the Respondent's costs under s.97B of Environmental Planning and Assessment Act 1979 as agreed or assessed; deferred commencement approval granted subject to Annexure A conditions.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'deferred Commencement Approval' 'costs']
['planning and Environment' 'land and Environment Court Procedure'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'deferred Commencement Approval' 'costs']

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the proceedings should be disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether the agreed orders, including amendment of Development Application No. 16-04408 and deferred commencement approval, were orders the Court could make in the proper exercise of its functions.']

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 disposed of the proceedings in accordance with that agreement by upholding the appeal, granting leave to amend the development application, ordering costs, and granting deferred commencement approval subject to conditions.

Court Disposition

Appeal upheld; leave granted to amend Development Application No. 16-04408; Applicant to pay the Respondent's costs under s.97B of Environmental Planning and Assessment Act 1979 as agreed or assessed; deferred commencement approval granted subject to Annexure A conditions.

Orders

  • ['The appeal is upheld.' 'The Applicant is granted leave to amend Development Application No. 16-04408 and to rely upon the following amended plans listed in condition 3.1.1 and condition 6.1.3 of Annexure A.' "The Applicant is to pay the Respondent's costs under s.97B of Environmental Planning and Assessment Act...