Partnership Constructions Pty Ltd v Liverpool City Council [2018] NSWLEC 1161

Partnership Constructions Pty Ltd v Liverpool City Council [2018] NSWLEC 1161

The Court was satisfied that the agreement between the parties was one the Court could have made and, therefore, was required to dispose of the proceedings accordingly under s 34(3) of the Land and Environment Court Act 1979.

Parties
Applicant: Partnership Constructions Pty Ltd; Respondent: Liverpool City Council
Jurisdiction
Australia
Judgment Date
26 March 2018
Procedural Posture
Development Application Appeal / Post Conciliation Conference; Final Determination by Consent Orders
Outcome
Proceedings disposed of by consent; appeal upheld; development consent granted; costs ordered.
Legal Topics
Development Applications, Conciliation Conference, Consent Orders
Planning and Environment Development Applications Conciliation Conference Consent Orders

Case Brief

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Parties

Partnership Constructions Pty Ltd

Applicant

Liverpool City Council

Respondent

Procedural Posture

Development Application Appeal / Post Conciliation Conference; Final Determination by Consent Orders

Legal Issues

  1. 1 Whether the Court should make final orders under s 34(3) of the Land and Environment Court Act 1979 to give effect to an agreement between the parties relating to the development application

Ratio Decidendi

The Court was satisfied that the agreement between the parties was one the Court could have made and, therefore, was required to dispose of the proceedings accordingly under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Proceedings disposed of by consent; appeal upheld; development consent granted; costs ordered.

Orders

  • The applicant is granted leave to rely on the approved plans referred to in Condition 1 of Annexure A.
  • The Applicant is to pay the costs of the Respondent thrown away as a result of amending the development application pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $6,500, payable within 28 days of the date of this agreement.