Universal Property Group Pty Ltd v Cumberland Council [2017] NSWLEC 1744

Universal Property Group Pty Ltd v Cumberland Council [2017] NSWLEC 1744

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the proceedings were disposed of in accordance with that agreement by upholding the appeal and granting deferred commencement consent subject to conditions.

Jurisdiction
Australia
Judgment Date
22 December 2017
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; deferred commencement consent granted to DA No. 52/2017 subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'deferred Commencement Consent' 'costs']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'deferred Commencement Consent' 'costs']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the parties had reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them.' 'Whether the decision agreed by the parties was one that the Court could have made in the proper exercise of its functions.']

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the proceedings were disposed of in accordance with that agreement by upholding the appeal and granting deferred commencement consent subject to conditions.

Court Disposition

Appeal upheld; deferred commencement consent granted to DA No. 52/2017 subject to conditions.

Orders

  • ['The appeal is upheld.' 'The Applicant is granted leave to rely upon the amended material listed in the judgment.' "The Applicant is to pay the Respondent's costs under section 97B of the Environmental Planning Assessment Act 1979 as agreed or assessed." "Deferred commencement consent is granted to DA No. 52/2017...