Universal Property Group Pty Ltd v Blacktown City Council [2018] NSWLEC 1514

Universal Property Group Pty Ltd v Blacktown City Council [2018] NSWLEC 1514

Agreement was reached between the parties following a conciliation conference. The Court was satisfied that the agreement was one it could have made in the exercise of its functions, and therefore made orders to give effect to the agreement as required by s 34(3) of the Land and Environment Court Act 1979, without making a merits assessment of the original issues.

Parties
Applicant: Universal Property Group Pty Ltd; Respondent: Blacktown City Council
Jurisdiction
Australia
Judgment Date
26 September 2018
Procedural Posture
Modification Application (class 1 Appeal) / Decision Following Conciliation Conference
Outcome
Appeal upheld; orders made by consent to modify the development consent as agreed, and orders for payment of costs by the applicant.
Legal Topics
Modification Application, Deferred Commencement Condition, Development Consent, Conciliation Conference, Costs
Planning and Environment Modification Application Deferred Commencement Condition Development Consent Conciliation Conference Costs

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Parties

Universal Property Group Pty Ltd

Applicant

Blacktown City Council

Respondent

Procedural Posture

Modification Application (class 1 Appeal) / Decision Following Conciliation Conference

Legal Issues

  1. 1 Whether conditions of development consent JRPP 16-03321 should be modified to delete deferred commencement conditions and change hydraulic engineering specifications

Ratio Decidendi

Agreement was reached between the parties following a conciliation conference. The Court was satisfied that the agreement was one it could have made in the exercise of its functions, and therefore made orders to give effect to the agreement as required by s 34(3) of the Land and Environment Court Act 1979, without making a merits assessment of the original issues.

Court Disposition

Appeal upheld; orders made by consent to modify the development consent as agreed, and orders for payment of costs by the applicant.

Orders

  • The applicant is granted leave to amend its application as detailed to include additional lots and to rely on specified engineering plans.
  • The applicant is to pay the respondent's costs in the sum of $3,500.