Universal Property Group Pty Ltd v Penrith City Council [2017] NSWLEC 1683

Universal Property Group Pty Ltd v Penrith City Council [2017] NSWLEC 1683

Orders made pursuant to s 34(3) of the Land and Environment Court Act 1979 after agreement reached by the parties at a conciliation conference; the Court was satisfied it could have made the decision in proper exercise of its functions.

Parties
Applicant: Universal Property Group Pty Ltd; Respondent: Penrith City Council
Jurisdiction
Australia
Judgment Date
29 November 2017
Procedural Posture
Class 1 Proceeding / Conciliation Conference With Agreement and Orders Made
Outcome
Appeal upheld; development consent granted subject to conditions; applicant allowed to amend application; costs awarded to respondent as agreed or assessed.
Legal Topics
Development Application, Conciliation Conference, Court Orders
Environmental and Planning Law Development Application Conciliation Conference Court Orders

Case Brief

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Parties

Universal Property Group Pty Ltd

Applicant

Penrith City Council

Respondent

Procedural Posture

Class 1 Proceeding / Conciliation Conference With Agreement and Orders Made

Legal Issues

  1. 1 Whether the Court should make orders in accordance with an agreed decision under s 34(3) of the Land and Environment Court Act 1979

Ratio Decidendi

Orders made pursuant to s 34(3) of the Land and Environment Court Act 1979 after agreement reached by the parties at a conciliation conference; the Court was satisfied it could have made the decision in proper exercise of its functions.

Court Disposition

Appeal upheld; development consent granted subject to conditions; applicant allowed to amend application; costs awarded to respondent as agreed or assessed.

Orders

  • The appeal is upheld.
  • The Applicant is granted leave to amend development application DA16/0889 and to rely upon amended plans listed in condition 1 of Annexure 'A'.