17 Manson Pty Ltd v Liverpool City Council [2024] NSWLEC 1401

17 Manson Pty Ltd v Liverpool City Council [2024] NSWLEC 1401

The Commissioner was satisfied, on the evidence and the parties' jurisdictional statement, that the amended development application satisfied the relevant jurisdictional prerequisites and that the parties' agreed decision to uphold the appeal and grant development consent subject to conditions was a decision the Court could have made in the proper exercise of its functions, requiring disposal of the proceedings in accordance with s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
12 July 2024
Procedural Posture
Class 1 Development Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against the Refusal of Development Application 1247/2022 / Orders Following S 34 Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld; development consent granted to DA-1247/2022 as amended, subject to conditions.
Legal Topics
['development Application' 'centre Based Child Care Centre' 'development Consent' 'conciliation Conference' 'jurisdictional Prerequisites' 'local Environmental Plan Compliance' 'state Environmental Planning Policy Compliance']
['planning and Environment' 'development Control' 'land and Environment Court Procedure'] ['development Application' 'centre Based Child Care Centre' 'development Consent' 'conciliation Conference' 'jurisdictional Prerequisites' 'local Environmental Plan Compliance' 'state Environmental Planning Policy Compliance']

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Procedural Posture

Class 1 Development Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against the Refusal of Development Application 1247/2022 / Orders Following S 34 Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 ['Whether the agreement reached by the parties under s 34 of the Land and Environment Court Act 1979 was a decision that the Court could have made in the proper exercise of its functions' 'Whether the jurisdictional prerequisites for granting consent to the amended development application were satisfied' 'Whether the amended development application addressed relevant provisions of the Liverpool Local Environmental Plan 2008, State Environmental Planning Policy (Resilience and Hazards) 2021, State Environmental Planning Policy (Transport and Infrastructure) 2021, the Child Care Planning Guideline and the Education and Care Services National Regulations']

Ratio Decidendi

The Commissioner was satisfied, on the evidence and the parties' jurisdictional statement, that the amended development application satisfied the relevant jurisdictional prerequisites and that the parties' agreed decision to uphold the appeal and grant development consent subject to conditions was a decision the Court could have made in the proper exercise of its functions, requiring disposal of the proceedings in accordance with s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development consent granted to DA-1247/2022 as amended, subject to conditions.

Orders

  • ['The Applicant is directed to file the amended development application the subject of Order (3) within 7 days of the date of this Order.' 'The appeal is upheld.' 'Development consent is granted to DA-1247/2022, as amended, for the demolition of existing structures, amalgamation of two lots, tree removal, landscape...