Kowalczyk v Liverpool City Council; Tabone v Liverpool City Council; Rothshire Pty Ltd v Liverpool City Council [2022] NSWLEC 1479

Kowalczyk v Liverpool City Council; Tabone v Liverpool City Council; Rothshire Pty Ltd v Liverpool City Council [2022] NSWLEC 1479

The parties reached agreement at a s 34 conciliation on the terms of development consent and conditions for building information certificates. The Court was satisfied that all jurisdictional prerequisites under the applicable statutes and planning instruments have been met. Therefore, the appeals were upheld, development consent granted, and Council was directed to issue the certificates upon conditions being met.

Jurisdiction
Australia
Judgment Date
09 September 2022
Procedural Posture
Appeal / Final Determination After Conciliation Conference
Outcome
Appeals upheld; development consent and directions for issuing building information certificates granted subject to conditions and provision of further information.
Legal Topics
['development Application' 'building Information Certificate' 'environmentally Significant Land' 'contaminated Land' 'landscape Materials Supply' 'earthworks' 'development Consent']
['planning Law' 'environmental Law' 'local Government'] ['development Application' 'building Information Certificate' 'environmentally Significant Land' 'contaminated Land' 'landscape Materials Supply' 'earthworks' 'development Consent']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Final Determination After Conciliation Conference

Legal Issues

  1. 1 ['Whether development consent should be granted for use of one unauthorised building, a landscape material supplies business, erection of covered bulky store, and erection of garage associated with residential use' 'Whether building information certificates should be issued for works (sheds B1, B2 and southern shed) that were constructed without approval' 'Whether jurisdictional prerequisites for making orders under the relevant statutes and planning instruments are satisfied']

Ratio Decidendi

The parties reached agreement at a s 34 conciliation on the terms of development consent and conditions for building information certificates. The Court was satisfied that all jurisdictional prerequisites under the applicable statutes and planning instruments have been met. Therefore, the appeals were upheld, development consent granted, and Council was directed to issue the certificates upon conditions being met.

Court Disposition

Appeals upheld; development consent and directions for issuing building information certificates granted subject to conditions and provision of further information.

Orders

  • ['The appeal is upheld in proceedings 2021/257756; development consent is granted to DA-404/2021 as amended, subject to conditions in Annexure A.' 'Exhibits are returned except for A, B, C, D, E, J, K, M, 1, 2, 4, 5, 6 and 7.' 'The appeal is upheld in proceedings 2022/69633; applicant to provide additional...