Universal Property Group Pty Ltd v Blacktown City Council
[2018] NSWLEC 1507
•25 September 2018
Land and Environment Court
New South Wales
- Amendment notes
Medium Neutral Citation: Universal Property Group Pty Ltd v Blacktown City Council [2018] NSWLEC 1507 Hearing dates: Conciliation conference on 25 September 2018 Date of orders: 25 September 2018 Decision date: 25 September 2018 Jurisdiction: Class 1 Before: Morris AC Decision: See [4] below
Catchwords: DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: Universal Property Group Pty Ltd (Applicant)
Blacktown City Council (Respondent)Representation: Counsel:
Solicitors:
J Reed (Applicant)
Swaab Attorneys (Applicant)
T O’Connor, Houston Dearn O’Connor (Respondent)
File Number(s): 2018/162922 Publication restriction: No
Judgment
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COMMISSIONER: In this matter, at or after a conciliation conference, an agreement under s 34(3) of the Land and Environment Court Act 1979 (the Court Act) was reached between the parties as to the terms of a decision in the proceedings that was acceptable to the parties. As the presiding Commissioner, I was satisfied that the decision was one that the Court could have made in the proper exercise of its functions (this being the test applied by s 34(3) of the Court Act). As a consequence, s 34(3)(a) of the Act required me to “dispose of the proceedings in accordance with the decision”.
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The Court Act also required me to “set out in writing the terms of the decision” (s 34(3)(b)). The orders made to give effect to the agreement constitute that document.
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In making the orders to give effect to the agreement between the parties, I was not required to make, and have not made, any merit assessment of the issues that were originally in dispute between the parties.
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The final orders to give effect to the parties’ agreement under s 34(3) of the Land and Environment Court Act 1979 are:
The appeal is upheld.
Development Consent 16-04175 is modified in accordance with the modification of conditions as set out in Annexure A
As a consequence of Order 2 above Development Consent DA 16-04175 is now subject to the consolidated, modified conditions of consent set out in Annexure B.
……………………….
Sue Morris
Acting Commissioner of the Court
Amendments
10 October 2018 - Pursuant to UCPR 36.17, the slip rule, by consent of the parties, amend orders of 25 September 2018 so that Order 3 now reads as follows:
“As a consequence of Order 2 above Development Consent DA 16-04175 is now subject to the consolidated, modified conditions of consent set out in Annexure B.”
Decision last updated: 10 October 2018
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