Universal Property Group Pty Ltd v Blacktown City Council [2023] NSWLEC 1735

Universal Property Group Pty Ltd v Blacktown City Council [2023] NSWLEC 1735

The Court was satisfied that the jurisdictional prerequisites had been met, including requirements relating to integrated development, applicable environmental planning instruments, minimum lot size, public utility infrastructure, contamination, biodiversity and conservation, transport and infrastructure, and s 4.15(1) matters. Because the parties' agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
06 December 2023
Procedural Posture
Class 1 Appeal Against Deemed Refusal of Development Application No DA 21 02301 / Orders Following Conciliation Conference Under S 34 of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted to Development Application No DA-21-02301 as amended, subject to conditions; applicant to pay respondent's costs thrown away by the amendment in a sum to be agreed or assessed.
Legal Topics
['development Application Appeal' 'conciliation Conference' 'agreement Between Parties' 'jurisdictional Prerequisites' 'integrated Development' 'bushfire Safety Authority' 'environmental Planning Instruments' 'public Utility Infrastructure' 'contamination' 'vegetation Clearing' 'classified Road Access and Noise' 'costs Thrown Away by Amendment']
['planning and Environment Law' 'development Consent' 'land Subdivision'] ['development Application Appeal' 'conciliation Conference' 'agreement Between Parties' 'jurisdictional Prerequisites' 'integrated Development' 'bushfire Safety Authority' 'environmental Planning Instruments' 'public Utility Infrastructure' 'contamination' 'vegetation Clearing' 'classified Road Access and Noise' 'costs Thrown Away by Amendment']

Case Brief

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Procedural Posture

Class 1 Appeal Against Deemed Refusal of Development Application No DA 21 02301 / Orders Following Conciliation Conference Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the parties' agreement for the grant of development consent to the amended development application was a decision the Court could have made in the proper exercise of its functions." 'Whether jurisdictional prerequisites for granting development consent to the amended development application were satisfied.' 'Whether the amended development application could be approved having regard to relevant environmental planning instruments and statutory requirements.']

Ratio Decidendi

The Court was satisfied that the jurisdictional prerequisites had been met, including requirements relating to integrated development, applicable environmental planning instruments, minimum lot size, public utility infrastructure, contamination, biodiversity and conservation, transport and infrastructure, and s 4.15(1) matters. Because the parties' agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with that agreement.

Court Disposition

Appeal upheld; development consent granted to Development Application No DA-21-02301 as amended, subject to conditions; applicant to pay respondent's costs thrown away by the amendment in a sum to be agreed or assessed.

Orders

  • ['The Appeal is upheld.' 'Development Application No DA-21-02301, as amended, for the demolition of existing structures, subdivision of land into 18 Torren title lots, comprising 17 Torrens title residential lots and 1 residue lot for primary production, removal of trees, construction of a public road, and...