Universal Property Group Pty Ltd v Penrith City Council [2017] NSWLEC 1745

Universal Property Group Pty Ltd v Penrith City Council [2017] NSWLEC 1745

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 without a merit...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
22 December 2017
Procedural Posture
Class 1 Development Application Appeal / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application No. DA-16-1148 approved subject to conditions in Annexure 'A'; Applicant ordered to pay the Respondent's costs of $4500.
Legal Topics
['conciliation Conference' 'agreement Between the Parties' 'development Consent' 'subdivision' 'costs']
['planning and Environment' 'development Applications' 'land and Environment Court Procedure'] ['conciliation Conference' 'agreement Between the Parties' 'development Consent' 'subdivision' 'costs']

Source-derived case record

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Procedural Posture

Class 1 Development Application Appeal / Orders Following Conciliation Conference and 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 agreed decision 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 without a merit assessment of the issues originally in dispute.

Court Disposition

Appeal upheld; Development Application No. DA-16-1148 approved subject to conditions in Annexure 'A'; Applicant ordered to pay the Respondent's costs of $4500.

Orders

  • ['The Applicant is granted leave to rely upon the amended material listed in the orders, including specified plans and the Stormwater Management Strategy, South Werrington Urban Village Precinct, Revision 8 dated 30 November 2017.' 'The appeal is upheld.' "The Applicant is to pay the Respondent's costs in the amount...