Canberra Estates Consortium No 55 Pty Ltd v Liverpool City Council [2017] NSWLEC 1498

Canberra Estates Consortium No 55 Pty Ltd v Liverpool City Council [2017] NSWLEC 1498

The appeals are upheld and the development applications are granted consent subject to conditions, as the agreement reached between parties under s 34(3) of the Land and Environment Court Act 1979 was acceptable and within the Court's proper exercise of functions.

Parties
Applicant: Canberra Estates Consortium No 55 Pty Ltd; Respondent: Liverpool City Council
Jurisdiction
Australia
Judgment Date
12 September 2017
Procedural Posture
Appeal / Conciliation Conference and Final Orders
Outcome
Appeals upheld; development consents granted subject to conditions
Legal Topics
Development Application, Subdivision, Conciliation Conference, Land and Environment Court Act 1979
Planning and Environment Development Application Subdivision Conciliation Conference Land and Environment Court Act 1979

Case Brief

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Parties

Canberra Estates Consortium No 55 Pty Ltd

Applicant

Liverpool City Council

Respondent

Procedural Posture

Appeal / Conciliation Conference and Final Orders

Legal Issues

  1. 1 Whether subdivision and associated works for land at Eighteenth Avenue, Austral should be consented to
  2. 2 Whether development applications DA-903/2016 and DA-68/2017 should be granted consent

Ratio Decidendi

The appeals are upheld and the development applications are granted consent subject to conditions, as the agreement reached between parties under s 34(3) of the Land and Environment Court Act 1979 was acceptable and within the Court's proper exercise of functions.

Court Disposition

Appeals upheld; development consents granted subject to conditions

Orders

  • The appeals are upheld.
  • Development application no DA-903/2016 determined by grant of consent subject to conditions contained in Annexure 'A'.