Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1275

Universal Property Group Pty Ltd v Blacktown City Council [2017] NSWLEC 1275

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

Jurisdiction
Australia
Judgment Date
26 May 2017
Procedural Posture
Class 1 Appeal Concerning a Development Application / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application No. 16-04175 amended; deferred commencement approval granted subject to conditions; Applicant to pay Respondent's costs under s.97B of Environmental Planning and Assessment Act 1979 as agreed or assessed.
Legal Topics
['development Application Appeal' 'conciliation Conference' 'agreement Between Parties' 'deferred Commencement Approval' 'subdivision' 'costs']
['planning and Environment Law'] ['development Application Appeal' 'conciliation Conference' 'agreement Between Parties' 'deferred Commencement Approval' 'subdivision' 'costs']

Case Brief

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Procedural Posture

Class 1 Appeal Concerning a 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 parties had reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to the terms of a decision acceptable to them.' 'Whether the agreed decision was one that 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

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

Court Disposition

Appeal upheld; Development Application No. 16-04175 amended; deferred commencement approval granted subject to conditions; Applicant to pay Respondent's costs under s.97B of Environmental Planning and Assessment Act 1979 as agreed or assessed.

Orders

  • ['The appeal is upheld.' 'The Applicant is granted leave to amend Development Application No. 16-04175 by adding additional land to the development application and incorporate the design and construction of drainage works, including construction of a Regional Infrastructure Basin MM2 and associated water cycle...