Universal Property Group Pty Ltd v Blacktown City Council [2018] NSWLEC 1277

Universal Property Group Pty Ltd v Blacktown City Council [2018] NSWLEC 1277

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the proceedings were disposed of in accordance with the agreement.

Jurisdiction
Australia
Judgment Date
08 June 2018
Procedural Posture
Class 1 Development Application Appeal / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application No. DA-17-00936, as amended, approved subject to conditions in Annexure A.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 's 34(3) Orders' 'multi Dwelling Housing']
['planning and Environment' 'development Assessment' 'land and Environment Court Procedure'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 's 34(3) Orders' 'multi Dwelling Housing']

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Procedural Posture

Class 1 Development Application Appeal / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the agreement reached between the parties under s 34(3) of the Land and Environment Court Act 1979 should be given effect by orders of the Court.' 'Whether the agreed decision was one that the Court could have made in the proper exercise of its functions.']

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the proceedings were disposed of in accordance with the agreement.

Court Disposition

Appeal upheld; Development Application No. DA-17-00936, as amended, approved subject to conditions in Annexure A.

Orders

  • ['The Applicant is granted leave to rely upon the amended material identified for Proposed Lot 1 and Proposed Lot 14.' 'The appeal is upheld.' "The Applicant is to pay the Respondent's costs under section 8.15(3) of the Environmental Planning Assessment Act 1979 as agreed or assessed." "Development Application No....