Universal Property Group Pty Ltd v Blacktown City Council [2020] NSWLEC 1358

Universal Property Group Pty Ltd v Blacktown City Council [2020] NSWLEC 1358

Because the relevant jurisdictional prerequisites were satisfied and 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 by upholding the cl 4.6 request, upholding the appeal and approving the development application subject to conditions.

Jurisdiction
Australia
Judgment Date
12 August 2020
Procedural Posture
Class 1 Appeal Against Deemed Refusal of Development Application No. SPP 17 00024 / Determination Following Conciliation Conference Under S 34 of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application No. SPP 17-00024 approved subject to conditions.
Legal Topics
['development Application' 'deemed Refusal Appeal' 'conciliation Conference' 'clause 4.6 Variation Request' 'height of Buildings Development Standard' 'residential Flat Buildings' 'conditions of Consent']
['planning and Environment Law'] ['development Application' 'deemed Refusal Appeal' 'conciliation Conference' 'clause 4.6 Variation Request' 'height of Buildings Development Standard' 'residential Flat Buildings' 'conditions of Consent']

Case Brief

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Procedural Posture

Class 1 Appeal Against Deemed Refusal of Development Application No. SPP 17 00024 / Determination Following Conciliation Conference Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the written clause 4.6 request to vary the height control under clause 4.3 of Appendix 12 of the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 should be upheld.' 'Whether the jurisdictional prerequisites for granting development consent were satisfied.' "Whether the parties' agreed decision was one the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979."]

Ratio Decidendi

Because the relevant jurisdictional prerequisites were satisfied and 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 by upholding the cl 4.6 request, upholding the appeal and approving the development application subject to conditions.

Court Disposition

Appeal upheld; Development Application No. SPP 17-00024 approved subject to conditions.

Orders

  • ["The Applicant's written clause 4.6 request to vary the height control under clause 4.3 of Appendix 12 of the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 in respect of the development on proposed Lot 9, prepared by GNL Planning dated 2 July 2020, is upheld." 'The appeal is upheld.'...