Universal Property Group Pty Ltd v Blacktown City Council [2019] NSWLEC 1623

Universal Property Group Pty Ltd v Blacktown City Council [2019] NSWLEC 1623

The agreed decision granting the modification application subject to conditions was one the Court could make because the modified proposal remained substantially the same development as the original consent: qualitatively it remained two 5-storey residential flat buildings, and quantitatively the increase of 24 apartments arose from a changed unit mix with only marginal changes in site coverage and gross floor area. The proceedings were therefore disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
17 December 2019
Procedural Posture
Class 1 Appeal Concerning a Modification Application Deemed Refused / Final Orders Following Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld; modification application approved subject to the agreed modifications and consolidated modified conditions.
Legal Topics
['modification Application' 'deemed Refusal Appeal' 'conciliation Conference' 'agreement Between Parties' 'substantially the Same Development']
['planning and Environment' 'development Consent Modification'] ['modification Application' 'deemed Refusal Appeal' 'conciliation Conference' 'agreement Between Parties' 'substantially the Same Development']

Case Brief

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Procedural Posture

Class 1 Appeal Concerning a Modification Application Deemed Refused / Final Orders Following Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 ['Whether the agreed decision to grant the modification application subject to conditions was one the Court could make in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979.' 'Whether the development as modified was substantially the same development as the development for which consent was originally granted under s 4.55(2) of the Environmental Planning and Assessment Act 1979.']

Ratio Decidendi

The agreed decision granting the modification application subject to conditions was one the Court could make because the modified proposal remained substantially the same development as the original consent: qualitatively it remained two 5-storey residential flat buildings, and quantitatively the increase of 24 apartments arose from a changed unit mix with only marginal changes in site coverage and gross floor area. The proceedings were therefore disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; modification application approved subject to the agreed modifications and consolidated modified conditions.

Orders

  • ['The Applicant is granted leave to amend its modification application to rely upon the plans listed in Order 1.' 'The appeal is upheld.' 'Modification Application MOD-18-00586 to modify Development Consent JRPP-15-02480 approved by the Joint Regional Planning Panel on 8 March 2017, is approved in accordance with...