Feilong Pty Ltd v Liverpool City Council

[2017] NSWLEC 1361

Land and Environment Court

New South Wales

Medium Neutral Citation:	Feilong Pty Ltd v Liverpool City Council [2017] NSWLEC 1361
Hearing dates:	Conciliation conference on 7 July 2017
Date of orders:	10 July 2017
Decision date:	10 July 2017
Jurisdiction:	Class 1
Before:	Brown C
Decision:	See (5) below
Catchwords:	DEVELOPMENT APPLICATION: construction of three 4 storey residential flat buildings containing 105 residential apartments; conciliation conference; agreement between the parties; orders
Legislation Cited:	Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Feilong Pty Ltd (Applicant) Liverpool City Council (Respondent)
Representation:	Solicitor: Mr D Tyrell, solicitor, McKees Legal Solutions (Applicant) Ms P Hudson, solicitor, Marsdens Law Group (Respondent)
File Number(s):	2016/293021
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal against the refusal of Development Application No. DA-765/2016 for the construction of three 4 storey residential flat buildings containing 105 residential apartments above two levels of basement car park at 245 Croatia Avenue Edmondson Park.

2. In this matter, at or after a conciliation conference, an agreement under s 34(3) of the Land and Environment Court Act 1979 (the Court Act) was reached between the parties as to the terms of a decision in the proceedings that was acceptable to the parties. As the presiding Commissioner, I was satisfied that the decision was one that the Court could have made in the proper exercise of its functions (this being the test applied by s 34(3) of the Court Act). As a consequence, s 34(3)(a) of the Act required me to “dispose of the proceedings in accordance with the decision”.

3. The Court Act also required me to “set out in writing the terms of the decision” (s 34(3)(b)). The orders made to give effect to the agreement constitute that document.

4. In making the orders to give effect to the agreement between the parties, I was not required to make, and have not made, any merit assessment of the issues that were originally in dispute between the parties.

5. The final orders to give effect to the parties’ agreement under s34(3) of the Land and Environment Court Act 1979 are:

1. The Appeal is upheld.

2. Development Application No. DA-765/2016 construction of three 4 storey residential flat buildings containing 105 residential apartments above two levels of basement carpark is approved subject to the conditions set out in Annexure “A” to this agreement.

……………………….

Commissioner Brown

293021.16 Brown (C) (704 KB, pdf)