Haidar v Liverpool City Council [2020] NSWLEC 1200

Haidar v Liverpool City Council [2020] NSWLEC 1200

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision approving the amended development application subject to conditions was one the Court could make in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with the parties' decision.

Jurisdiction
Australia
Judgment Date
05 May 2020
Procedural Posture
Class 1 Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application Da/1031/2016 / Final Orders Following Agreement Reached at Conciliation Conference Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development application DA1031/2016 approved subject to conditions.
Legal Topics
['development Application' 'affordable Housing' 'amended Plans' 'conciliation Conference' 'agreement Between the Parties' 'multi Dwelling Housing']
['environmental Planning and Assessment' 'land and Environment Court Proceedings'] ['development Application' 'affordable Housing' 'amended Plans' 'conciliation Conference' 'agreement Between the Parties' 'multi Dwelling Housing']

Case Brief

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Procedural Posture

Class 1 Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application Da/1031/2016 / Final Orders Following Agreement Reached at Conciliation Conference Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the Court could make the parties' agreed decision in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979." 'Whether development consent should be granted for amended plans for multi-dwelling housing with affordable housing conditions.']

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision approving the amended development application subject to conditions was one the Court could make in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with the parties' decision.

Court Disposition

Appeal upheld; development application DA1031/2016 approved subject to conditions.

Orders

  • ['The Applicant is granted leave for the amended plans and documents listed at Condition 1.' 'The appeal is upheld.' 'The development application DA1031/2016 for the construction for multi-dwelling housing development and related works is approved subject to the conditions set out in Annexure A of this agreement....