Maitland Road P/L v Liverpool City Council

[2017] NSWLEC 1176

Land and Environment Court

New South Wales

Medium Neutral Citation:	Maitland Road P/L v Liverpool City Council [2017] NSWLEC 1176
Hearing dates:	Conciliation conference on 31 March 2017
Date of orders:	05 April 2017
Decision date:	05 April 2017
Jurisdiction:	Class 1
Before:	Martin SC
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	MAITLAND ROAD P/L (Applicant) LIVERPOOL CITY COUNCIL (ABN 84 181 182 471) (Respondent)
Representation:	Solicitor: Mr Conomos, Conomos Legal (Applicant) Ms K McLellan, Marsdens Law Group (Respondent)
File Number(s):	2016/252301
Publication restriction:	No

Judgment

1. COMMISSIONER: 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”.

2. 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.

3. 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.

4. 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 consent is granted to Development Application No. DA820/2015 for the demolition of existing structures, lot consolidation and construction of a five (5) storey residential flat building as an affordable rental housing development on the land at 15-17 Frangipane Avenue, Liverpool subject to the conditions of consent annexed hereto and marked “A”.

……………………….

Senor Commissioner Martin

252301.16 Martin - Annexure A (342 KB, pdf)

252301.16 Martin - Plans (14.2 MB, pdf)