Universal Property Group v Blacktown City Council [2017] NSWLEC 1047

Universal Property Group v Blacktown City Council [2017] NSWLEC 1047

The appeal was upheld and development application approved because an agreement acceptable to both parties was reached at or after a conciliation conference, and the Commissioner was satisfied the decision was one the Court could have made under s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
07 February 2017
Procedural Posture
Appeal / Final Orders Following Conciliation Conference
Outcome
Appeal upheld; development application approved
Legal Topics
['development Application' 'subdivision' 'consolidation of Allotments' 'public Roads' 'stormwater Drainage' 'tree Removal' 'conciliation Conference']
['planning and Environment'] ['development Application' 'subdivision' 'consolidation of Allotments' 'public Roads' 'stormwater Drainage' 'tree Removal' 'conciliation Conference']

Case Brief

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Procedural Posture

Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 ['Refusal of development application for subdivision and associated works' 'Application of s 34(3) Land and Environment Court Act 1979']

Ratio Decidendi

The appeal was upheld and development application approved because an agreement acceptable to both parties was reached at or after a conciliation conference, and the Commissioner was satisfied the decision was one the Court could have made under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development application approved

Orders

  • ['The appeal is upheld' "The Applicant is granted leave to amend development application DA-15-2450 and to rely upon amended plans listed in Annexure 'A'" "The Applicant is to pay the Respondent's reasonable costs under s.97B of Environment Planning and Assessment Act 1979, as agreed or assessed" 'Development...