UPG 251 Pty Ltd v Blacktown City Council [2024] NSWLEC 1142

UPG 251 Pty Ltd v Blacktown City Council [2024] NSWLEC 1142

The Court was satisfied, having regard to the agreed jurisdictional statement and the identified statutory and planning controls, that the agreed decision to grant consent to the Amended Development Application subject to conditions was one the Court could make in the proper exercise of its functions. Because s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with such an agreed decision, the appeal was upheld and development consent was granted subject to the conditions at Annexure A.

Jurisdiction
Australia
Judgment Date
26 March 2024
Procedural Posture
Class 1 Development Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 / Orders Following S 34 Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld; Development Application No. DA-22-00916, as amended, determined by grant of development consent subject to conditions at Annexure A.
Legal Topics
['class 1 Development Appeal' 'deemed Refusal' 'integrated Development' 'conciliation Conference' 'torrens Title Subdivision' 'general Terms of Approval' 'contamination Suitability' 'flood Prone Land' 'electricity Transmission Easement' 'classified Road Frontage' 'aboriginal Cultural Heritage']
['planning and Environment' 'development Consent' 'land Subdivision'] ['class 1 Development Appeal' 'deemed Refusal' 'integrated Development' 'conciliation Conference' 'torrens Title Subdivision' 'general Terms of Approval' 'contamination Suitability' 'flood Prone Land' 'electricity Transmission Easement' 'classified Road Frontage' 'aboriginal Cultural Heritage']

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Procedural Posture

Class 1 Development Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 / Orders Following S 34 Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the parties' agreed decision to grant consent to the Amended Development Application subject to conditions was a decision the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979." 'Whether jurisdictional prerequisites for the Amended Development Application were satisfied, including owner consent, integrated development approvals, consultation requirements, contamination, biodiversity and catchment matters, flood prone land, zoning, minimum lot size, dwelling density, public utility infrastructure, and the matters in s 4.15(1) of the Environmental Planning and Assessment Act 1979.']

Ratio Decidendi

The Court was satisfied, having regard to the agreed jurisdictional statement and the identified statutory and planning controls, that the agreed decision to grant consent to the Amended Development Application subject to conditions was one the Court could make in the proper exercise of its functions. Because s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with such an agreed decision, the appeal was upheld and development consent was granted subject to the conditions at Annexure A.

Court Disposition

Appeal upheld; Development Application No. DA-22-00916, as amended, determined by grant of development consent subject to conditions at Annexure A.

Orders

  • ['The appeal is upheld.' 'Development Application No. DA-22-00916, as amended, for the subdivision of land into eighty-one (81) lots comprising eighty (80) Torrens title lots and one (1) superlot over three stages, including construction of public roads, stormwater drainage and other associated site works on land...