Peter Koon Liau v City of Parramatta Council [2018] NSWLEC 1034

Peter Koon Liau v City of Parramatta Council [2018] NSWLEC 1034

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 was one the Court could have made in the proper exercise of its functions, the proceedings were disposed of in accordance with the agreed decision.

Jurisdiction
Australia
Judgment Date
31 January 2018
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
The appeal is upheld and Development Application No. DA/877/2016, as amended, is approved subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'land and Environment Court Act 1979 S 34(3)']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'land and Environment Court Act 1979 S 34(3)']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the parties had reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them.' 'Whether the agreed decision was one the Court could have made in the proper exercise of its functions.']

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 was one the Court could have made in the proper exercise of its functions, the proceedings were disposed of in accordance with the agreed decision.

Court Disposition

The appeal is upheld and Development Application No. DA/877/2016, as amended, is approved subject to conditions.

Orders

  • ['The appeal is upheld.' 'Applicant is granted leave to amend Development Application No. DA/877/2016 and to rely upon the amended plans and documents behind Annexure "A".' 'Development Application No. DA/877/2016 (as amended) for the construction of a two-storey dwelling and single-storey secondary dwelling and...