Universal Property Group Pty Ltd v Blacktown Council [2017] NSWLEC 1484

Universal Property Group Pty Ltd v Blacktown Council [2017] NSWLEC 1484

Agreement reached under s34(3) of the Land and Environment Court Act 1979 was acceptable to both parties and was a decision the Court could have made; therefore, the proceedings were disposed of in accordance with the parties' agreement and the development was approved subject to consent conditions.

Parties
Applicant: Universal Property Group Pty Ltd; Respondent: Blacktown Council
Jurisdiction
Australia
Judgment Date
31 August 2017
Procedural Posture
Development Appeal / Orders After Conciliation Conference With Agreement
Outcome
Appeal upheld; development application approved subject to conditions; costs awarded to respondent.
Legal Topics
Development Application, Appeal Against Refusal, Conciliation Agreement, Variation of Development Standard
Planning and Environment Development Application Appeal Against Refusal Conciliation Agreement Variation of Development Standard

Case Brief

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Parties

Universal Property Group Pty Ltd

Applicant

Blacktown Council

Respondent

Procedural Posture

Development Appeal / Orders After Conciliation Conference With Agreement

Legal Issues

  1. 1 Whether development application for three residential flat buildings on Lot 16C should be approved following refusal by Blacktown Council
  2. 2 Whether agreement under s34(3) of the Land and Environment Court Act 1979 should be given effect by way of Court orders

Ratio Decidendi

Agreement reached under s34(3) of the Land and Environment Court Act 1979 was acceptable to both parties and was a decision the Court could have made; therefore, the proceedings were disposed of in accordance with the parties' agreement and the development was approved subject to consent conditions.

Court Disposition

Appeal upheld; development application approved subject to conditions; costs awarded to respondent.

Orders

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