TC (Tallwoods) Pty Limited v Liverpool City Council [2018] NSWLEC 1309

TC (Tallwoods) Pty Limited v Liverpool City Council [2018] NSWLEC 1309

As agreement was reached under s 34(3) and the Commissioner was satisfied the terms could properly be made by the Court, orders were made to give effect to the agreement without the need for a merit assessment.

Jurisdiction
Australia
Judgment Date
21 June 2018
Procedural Posture
Development Application Appeal / Conciliation Conference, Final Orders Issued
Outcome
Appeal upheld by agreement; development application approved with conditions; costs payable
Legal Topics
['development Application' 'subdivision' 'court Approved Agreement']
['planning and Environment'] ['development Application' 'subdivision' 'court Approved Agreement']

Case Brief

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Procedural Posture

Development Application Appeal / Conciliation Conference, Final Orders Issued

Legal Issues

  1. 1 ['Whether the agreement between the parties under s 34(3) of the Land and Environment Court Act 1979 was one the Court could make in the proper exercise of its functions']

Ratio Decidendi

As agreement was reached under s 34(3) and the Commissioner was satisfied the terms could properly be made by the Court, orders were made to give effect to the agreement without the need for a merit assessment.

Court Disposition

Appeal upheld by agreement; development application approved with conditions; costs payable

Orders

  • ['Leave granted for Applicant to rely on amended plans and material listed in Annexure A.' 'Appeal upheld.' 'Development Application DA-304/2018 for the subdivision of three super-lots, Torrens title subdivision of two proposed residential lots under DA 72/2018, and construction of 51 dwellings at 225 - 235 Eighth...