Austral Nominee No. 1 Pty Limited v Liverpool City Council [2017] NSWLEC 1624

Austral Nominee No. 1 Pty Limited v Liverpool City Council [2017] NSWLEC 1624

The Commissioner was satisfied that the agreed decision between the parties could have been made by the Court in the proper exercise of its functions, and therefore disposed of the proceedings in accordance with the agreement under s 34(3) of the Land and Environment Court Act 1979.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
07 November 2017
Procedural Posture
Appeal – Class 1 Development Application / Conciliation Conference and Final Orders
Outcome
Appeal upheld; development consent granted subject to conditions
Legal Topics
['development Application' 'conciliation Conference' 'section 34 Agreement' 'orders Following Agreement']
['environmental Law' 'planning Law'] ['development Application' 'conciliation Conference' 'section 34 Agreement' 'orders Following Agreement']

Source-derived case record

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Procedural Posture

Appeal – Class 1 Development Application / Conciliation Conference and Final Orders

Legal Issues

  1. 1 ['Whether the appeal against refusal of development application should be upheld' 'Whether the development consent should be granted pursuant to agreement under s 34(3) of the Land and Environment Court Act 1979']

Ratio Decidendi

The Commissioner was satisfied that the agreed decision between the parties could have been made by the Court in the proper exercise of its functions, and therefore disposed of the proceedings in accordance with the agreement under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development consent granted subject to conditions

Orders

  • ['The appeal be upheld.' "Development consent be granted to Development Application No. 1155-2016 for demolition of existing structures and landscaping and creation of 89 lots for residential purposes by staged subdivision at Lots 1011, 1012, 1035 & 1036 DP 2475 at 60 & 70 Seventh Avenue, Austral on conditions set...