TC (Tallwoods) Pty Limited v Liverpool City Council [2018] NSWLEC 1308

TC (Tallwoods) Pty Limited v Liverpool City Council [2018] NSWLEC 1308

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them, and the Commissioner was satisfied that the decision was one the Court could have made in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
21 June 2018
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Orders Made by Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application DA 72/2018 approved subject to the conditions in Annexure A.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'torrens Title Subdivision' 'orders Under S 34(3) of the Land and Environment Court Act 1979']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'torrens Title Subdivision' 'orders Under S 34(3) of the Land and Environment Court Act 1979']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Development Application Appeal / Conciliation Conference; Orders Made by 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 the agreed decision was one that 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 as to terms of a decision acceptable to them, and the Commissioner was satisfied that the decision was one the Court could have made in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with that agreement.

Court Disposition

Appeal upheld; Development Application DA 72/2018 approved subject to the conditions in Annexure A.

Orders

  • ['Leave is granted for the Applicant to rely on the amended plans and material listed in paragraph 1 of the conditions set out in Annexure A.' 'The appeal is upheld.' 'Development Application DA 72/2018, for demolition of existing structures, Torrens title subdivision of existing allotment into twelve (12)...