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) DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 10 July 2017