Universal Property Group Pty Ltd v Blacktown Council [2017] NSWLEC 1483

Universal Property Group Pty Ltd v Blacktown Council [2017] NSWLEC 1483

The proceedings were disposed of in accordance with the parties’ agreement reached at the conciliation conference, as required by s 34(3) of the Land and Environment Court Act 1979, with the appeal upheld, consent granted (with conditions), and the clause 4.6 written request upheld.

Parties
Applicant: Universal Property Group Pty Ltd; Respondent: Blacktown Council
Jurisdiction
Australia
Judgment Date
31 August 2017
Procedural Posture
Development Appeal Under S97(2) of the Environmental Planning and Assessment Act 1979 / Final Orders by Consent After Conciliation Conference
Outcome
Appeal upheld by consent; development application approved subject to conditions; clause 4.6 variation upheld; costs to the respondent as agreed or assessed.
Legal Topics
Development Application, Appeal Against Refusal, Agreement Following Conciliation, Variation of Planning Standards
Environmental Law Planning Law Development Application Appeal Against Refusal Agreement Following Conciliation Variation of Planning Standards

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Parties

Universal Property Group Pty Ltd

Applicant

Blacktown Council

Respondent

Procedural Posture

Development Appeal Under S97(2) of the Environmental Planning and Assessment Act 1979 / Final Orders by Consent After Conciliation Conference

Legal Issues

  1. 1 Whether the appeal against refusal of development application for two residential flat buildings should be upheld
  2. 2 Whether the applicant's clause 4.6 request for variation of Height of Building development standard should be allowed

Ratio Decidendi

The proceedings were disposed of in accordance with the parties’ agreement reached at the conciliation conference, as required by s 34(3) of the Land and Environment Court Act 1979, with the appeal upheld, consent granted (with conditions), and the clause 4.6 written request upheld.

Court Disposition

Appeal upheld by consent; development application approved subject to conditions; clause 4.6 variation upheld; costs to the respondent as agreed or assessed.

Orders

  • The appeal is upheld.
  • Applicant granted leave to rely on amended material listed in Annexure 'A'.