Tomasy Pty Ltd v Liverpool City Council [2016] NSWLEC 1263

Tomasy Pty Ltd v Liverpool City Council [2016] NSWLEC 1263

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 that agreement by upholding the appeal and approving the development application subject to conditions.

Jurisdiction
Australia
Judgment Date
24 June 2016
Procedural Posture
Class 1 Development Application Appeal / Final Orders Following Conciliation Conference Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
The appeal was upheld and Development Application No. DA 64/12014 was approved subject to conditions, with no order as to costs.
Legal Topics
['development Application' 'waste Recycling Activity' 'conciliation Conference' 'agreement Under S 34(3) of the Land and Environment Court Act 1979']
['planning and Environment Law'] ['development Application' 'waste Recycling Activity' '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 Application Appeal / Final Orders Following 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 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 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 that agreement by upholding the appeal and approving the development application subject to conditions.

Court Disposition

The appeal was upheld and Development Application No. DA 64/12014 was approved subject to conditions, with no order as to costs.

Orders

  • ['The appeal is upheld.' 'Development Application No. DA 64/12014 for the erection of a drying shed for receiving, drying and transfer of food organic and green organic waste (FOGO) in conjunction with an existing waste recycling activity at Lots 21 & 22 in Deposited Plan 626.47 (No. 210) Martin Road, Badgerys...