Universal Property Group Pty Ltd v Blacktown City Council (No 2) [2025] NSWLEC 1017

Universal Property Group Pty Ltd v Blacktown City Council (No 2) [2025] NSWLEC 1017

There being no jurisdictional impediment, the modification application is granted pursuant to s 4.55(2) of the EPA Act in accordance with the parties’ agreement, as the orders sought are orders the Court could make on the merits and all relevant contentions have been resolved.

Parties
Applicant: Universal Property Group Pty Ltd; Respondent: Blacktown City Council
Jurisdiction
Australia
Judgment Date
17 January 2025
Procedural Posture
Appeal Modification (class 1) / Orders Following Conciliation Conference
Outcome
Appeal upheld; Development consent modified
Legal Topics
Modification of Development Consent, Residential Flat Buildings, Appeal – Class 1, Conciliation Conference, Jurisdictional Pre Requisites
Planning Law Environmental Law Modification of Development Consent Residential Flat Buildings Appeal – Class 1 Conciliation Conference Jurisdictional Pre Requisites

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Parties

Universal Property Group Pty Ltd

Applicant

Blacktown City Council

Respondent

Procedural Posture

Appeal Modification (class 1) / Orders Following Conciliation Conference

Legal Issues

  1. 1 Whether the modification application complies with s 4.55(2) of the Environmental Planning and Assessment Act 1979
  2. 2 Whether the development as modified is ‘substantially the same development’ as originally approved
  3. 3 Whether there are jurisdictional impediments to granting modification consent

Ratio Decidendi

There being no jurisdictional impediment, the modification application is granted pursuant to s 4.55(2) of the EPA Act in accordance with the parties’ agreement, as the orders sought are orders the Court could make on the merits and all relevant contentions have been resolved.

Court Disposition

Appeal upheld; Development consent modified

Orders

  • The appeal is upheld.
  • Development consent No SPP-17-00024 is modified in the terms set out in Annexure A.