Universal Property Group Pty Ltd v Camden Council [2020] NSWLEC 1455

Universal Property Group Pty Ltd v Camden Council [2020] NSWLEC 1455

Because the amended plans, supporting documents and agreed conditions resolved the contentions, satisfied the relevant jurisdictional prerequisites and planning controls, and presented a decision that the Court could have made in the proper exercise of its functions, the Court was required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with the parties' agreement and grant consent to Development Application 2018/1238/1 subject to conditions.

Jurisdiction
Australia
Judgment Date
29 September 2020
Procedural Posture
Class 1 Appeal Against Refusal of Development Application 2018/1238/1 Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 / Orders Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979 and Agreement Between the Parties
Outcome
Appeal upheld; Development Application No. 2018/1238/1 approved subject to conditions.
Legal Topics
['development Application Refusal Appeal' 'remediation of Contaminated Land' 'subdivision' 'tree Removal' 'demolition' 'road Construction and Drainage Works' 'conciliation Conference' 'consent Orders']
['planning and Environment' 'development Consent' 'land and Environment Court Procedure'] ['development Application Refusal Appeal' 'remediation of Contaminated Land' 'subdivision' 'tree Removal' 'demolition' 'road Construction and Drainage Works' 'conciliation Conference' 'consent Orders']

Case Brief

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Procedural Posture

Class 1 Appeal Against Refusal of Development Application 2018/1238/1 Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 / Orders Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979 and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the Court could grant consent to amended Development Application 2018/1238/1 in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether the proposed development satisfied the relevant requirements of s 4.15(1) of the Environmental Planning and Assessment Act 1979 and applicable planning instruments.' 'Whether there were any jurisdictional impediments to granting development consent.']

Ratio Decidendi

Because the amended plans, supporting documents and agreed conditions resolved the contentions, satisfied the relevant jurisdictional prerequisites and planning controls, and presented a decision that the Court could have made in the proper exercise of its functions, the Court was required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with the parties' agreement and grant consent to Development Application 2018/1238/1 subject to conditions.

Court Disposition

Appeal upheld; Development Application No. 2018/1238/1 approved subject to conditions.

Orders

  • ['The Applicant is granted leave to rely upon the amended material attached at Annexure A.' "The Applicant is to pay the Respondent's costs thrown away under s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the agreed sum of $8,500.00." 'The appeal is upheld.' 'Development Application No....