Feilong Pty Ltd v Liverpool City Council [2017] NSWLEC 1361

Feilong Pty Ltd v Liverpool City Council [2017] NSWLEC 1361

As the parties reached agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied the Court could make such a decision, the matter was disposed of by upholding the appeal and approving the development application subject to conditions.

Jurisdiction
Australia
Judgment Date
10 July 2017
Procedural Posture
Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; development application approved subject to conditions
Legal Topics
['development Applications' 'conciliation Conferences' 'judicial Discretion']
['planning Law' 'administrative Law'] ['development Applications' 'conciliation Conferences' 'judicial Discretion']

Case Brief

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Procedural Posture

Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 ['Whether agreement under s 34(3) of the Land and Environment Court Act 1979 can resolve the appeal regarding the refusal of development application DA-765/2016']

Ratio Decidendi

As the parties reached agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied the Court could make such a decision, the matter was disposed of by upholding the appeal and approving the development application subject to conditions.

Court Disposition

Appeal upheld; development application approved subject to conditions

Orders

  • ['The Appeal is upheld.' "Development Application No. DA-765/2016 is approved subject to the conditions set out in Annexure 'A' to this agreement."]