Saleh Constructions No 2 P/L v Liverpool City Council [2016] NSWLEC 1647

Saleh Constructions No 2 P/L v Liverpool City Council [2016] NSWLEC 1647

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 Court disposed of the proceedings in accordance with the agreement by upholding the appeal and approving the development application subject to conditions.

Jurisdiction
Australia
Judgment Date
15 December 2016
Procedural Posture
Class 1 Development Appeal / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development application approved subject to conditions; no order as to costs.
Legal Topics
['development Application' 'demolition of Existing Structures' 'residential Flat Building' 'conciliation Conference' 'agreement Under S 34(3) of the Land and Environment Court Act 1979']
['planning and Environment Law'] ['development Application' 'demolition of Existing Structures' 'residential Flat Building' 'conciliation Conference' 'agreement Under S 34(3) of the Land and Environment Court Act 1979']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the proceedings should be disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether development application no. DA 492/2016 should be approved subject to 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 was one the Court could have made in the proper exercise of its functions, the Court disposed of the proceedings in accordance with the agreement by upholding the appeal and approving the development application subject to conditions.

Court Disposition

Appeal upheld; development application approved subject to conditions; no order as to costs.

Orders

  • ['The appeal is upheld.' 'Development application no. DA 492/2016 for the demolition of existing structures of five storey residential flat building containing 31 (23 x 2 bed and 8 x 1 bed) apartments situated at Lots 26 & 27 in Deposited Plan 29661 30-32 Park Road, Liverpool, NSW is approved subject to the...