Universal Property Group Pty Ltd v Penrith City Council [2017] NSWLEC 1746

Universal Property Group Pty Ltd v Penrith City Council [2017] NSWLEC 1746

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 Court was required to dispose of the proceedings in accordance with that agreement and made orders giving effect to it.

Jurisdiction
Australia
Judgment Date
22 December 2017
Procedural Posture
Class 1 Development Application Proceedings / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
The appeal was upheld in part and approval was granted to amend conditions 32 and 59 of Development Consent No. DA-14-0627.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between Parties' 'modification of Development Consent Conditions' 'engineering Construction Certificate' 'stormwater Management']
['environmental Planning and Development' 'land and Environment Court Procedure'] ['development Application' 'conciliation Conference' 'agreement Between Parties' 'modification of Development Consent Conditions' 'engineering Construction Certificate' 'stormwater Management']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Development Application Proceedings / 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 the Court could have made in the proper exercise of its functions.' 'Whether orders should be made to amend conditions 32 and 59 of Development Consent No. DA-14-0627.']

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 Court was required to dispose of the proceedings in accordance with that agreement and made orders giving effect to it.

Court Disposition

The appeal was upheld in part and approval was granted to amend conditions 32 and 59 of Development Consent No. DA-14-0627.

Orders

  • ['The Applicant is granted leave to rely upon the amended material listed in the orders, including the listed Aurecon drawings and Stormwater Management Strategy, South Werrington Urban Village Precinct, Revision 8 dated 30 November 2017.' 'The appeal is upheld in part.' 'Approval is granted to Application No....