Amarino Pty Ltd v Liverpool City Council [2017] NSWLEC 1035

Amarino Pty Ltd v Liverpool City Council [2017] NSWLEC 1035

As the parties reached agreement following a conciliation conference pursuant to s 34(3) of the Land and Environment Court Act 1979, and the Commissioner was satisfied that the decision was one the Court could have made, the proceedings were disposed of in accordance with the agreement without a merits assessment.

Jurisdiction
Australia
Judgment Date
01 February 2017
Procedural Posture
Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld by consent, development application approved subject to conditions, and costs order made against applicant.
Legal Topics
['development Application' 'section 34 Conciliation Agreement' 'mixed Use Development' 'orders by Consent']
['planning and Environment Law'] ['development Application' 'section 34 Conciliation Agreement' 'mixed Use Development' 'orders by Consent']

Case Brief

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Procedural Posture

Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 ['Whether the development application for a mixed use development should be approved subject to revised conditions after conciliation agreement' 'Whether costs are payable by the applicant due to amendment of development application']

Ratio Decidendi

As the parties reached agreement following a conciliation conference pursuant to s 34(3) of the Land and Environment Court Act 1979, and the Commissioner was satisfied that the decision was one the Court could have made, the proceedings were disposed of in accordance with the agreement without a merits assessment.

Court Disposition

Appeal upheld by consent, development application approved subject to conditions, and costs order made against applicant.

Orders

  • ["The Applicant is granted leave to rely on the amended plans and documents as referred to in the conditions of consent contained in Annexure 'A'." "In accordance with section 97B of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the respondent's costs thrown away as a result of the...