Universal Property Group Pty Ltd v Camden Council [2023] NSWLEC 1048

Universal Property Group Pty Ltd v Camden Council [2023] NSWLEC 1048

Because the parties reached agreement after amendments that resolved the contentions, the relevant jurisdictional prerequisites were satisfied, and the grant of Development Consent was a decision the Court could make 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 the parties' agreement.

Jurisdiction
Australia
Judgment Date
07 February 2023
Procedural Posture
Class 1 Appeal Against Deemed Refusal of Development Application No. Da/2021/1820/1 Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 / Orders Following S 34 Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld; amended Development Application determined by grant of Development Consent subject to conditions; Applicant to pay Respondent's costs arising from the amendment as agreed or assessed.
Legal Topics
['development Application Appeal' 'subdivision' 'amended Plans' 'conciliation Conference' 'consent Orders' 'jurisdictional Prerequisites' 'costs Arising From Amendment of Development Application']
['planning and Environment Law' 'development Consent' 'land and Environment Court Procedure'] ['development Application Appeal' 'subdivision' 'amended Plans' 'conciliation Conference' 'consent Orders' 'jurisdictional Prerequisites' 'costs Arising From Amendment of Development Application']

Case Brief

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Procedural Posture

Class 1 Appeal Against Deemed Refusal of Development Application No. Da/2021/1820/1 Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 / Orders Following S 34 Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 ['Whether the Court could grant Development Consent to the amended Development Application in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979.' 'Whether jurisdictional prerequisites relevant to the amended Development Application were satisfied.' "Whether the amendments resolved the Respondent's concern about owners' consent for works on adjoining land."]

Ratio Decidendi

Because the parties reached agreement after amendments that resolved the contentions, the relevant jurisdictional prerequisites were satisfied, and the grant of Development Consent was a decision the Court could make 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 the parties' agreement.

Court Disposition

Appeal upheld; amended Development Application determined by grant of Development Consent subject to conditions; Applicant to pay Respondent's costs arising from the amendment as agreed or assessed.

Orders

  • ["The Applicant is to pay the Respondent's costs arising from the amendment of the development application pursuant to s 8.15(3) of the Environment Planning and Assessment Act 1979, as agreed or as assessed." 'The appeal is upheld.' 'Development Application No. DA/2021/1820/1, as amended, for the demolition of...