Universal Property Group Pty Ltd v Cumberland Council [2018] NSWLEC 1050

Universal Property Group Pty Ltd v Cumberland Council [2018] NSWLEC 1050

Where parties to Class 1 proceedings reach agreement at or after a conciliation conference, and the Court is satisfied the agreed outcome is within its power, the Court must give effect to that agreement without further merits assessment.

Parties
Applicant: Universal Property Group Pty Ltd; Respondent: Blacktown City Council
Jurisdiction
Australia
Judgment Date
02 February 2018
Procedural Posture
Appeal / Conciliation Conference and Final Orders
Outcome
Appeal upheld by agreement. Development application approved subject to conditions. Applicant to pay respondent's costs as agreed or assessed.
Legal Topics
Development Application, Conciliation Conference, Costs, Leave to Rely on Amended Plans
Planning Law Environmental Law Development Application Conciliation Conference Costs Leave to Rely on Amended Plans

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Universal Property Group Pty Ltd

Applicant

Blacktown City Council

Respondent

Procedural Posture

Appeal / Conciliation Conference and Final Orders

Legal Issues

  1. 1 Whether the development application for construction of 115 two-storey multi-dwellings should be approved subject to agreed conditions.
  2. 2 Whether the appeal should be upheld pursuant to agreement under s 34(3) of the Land and Environment Court Act 1979.

Ratio Decidendi

Where parties to Class 1 proceedings reach agreement at or after a conciliation conference, and the Court is satisfied the agreed outcome is within its power, the Court must give effect to that agreement without further merits assessment.

Court Disposition

Appeal upheld by agreement. Development application approved subject to conditions. Applicant to pay respondent's costs as agreed or assessed.

Orders

  • The Applicant is granted leave to rely upon the listed amended material.
  • The appeal is upheld.