Birch Jam Pty Ltd v Liverpool City Council [2023] NSWLEC 1628

Birch Jam Pty Ltd v Liverpool City Council [2023] NSWLEC 1628

Based on the parties' agreement, compliance with statutory requirements, planning instruments, and absence of prohibited site characteristics, the amended development application for a child care facility is approved; orders reflect the parties' agreed terms and statutory prerequisites.

Jurisdiction
Australia
Judgment Date
24 October 2023
Procedural Posture
Appeal (class 1, Land and Environment Court) / Final Orders Following Conciliation Conference
Outcome
Appeal upheld; development application approved (as amended); costs ordered.
Legal Topics
['development Application' 'child Care Centre' 'conciliation Conference' 'court Approval of Agreement']
['planning and Environment'] ['development Application' 'child Care Centre' 'conciliation Conference' 'court Approval of Agreement']

Case Brief

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Procedural Posture

Appeal (class 1, Land and Environment Court) / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 ['Whether the amended development application for a child care facility meets all statutory and policy requirements for consent' 'Compliance of the development with relevant planning instruments including environmental, heritage, and local controls']

Ratio Decidendi

Based on the parties' agreement, compliance with statutory requirements, planning instruments, and absence of prohibited site characteristics, the amended development application for a child care facility is approved; orders reflect the parties' agreed terms and statutory prerequisites.

Court Disposition

Appeal upheld; development application approved (as amended); costs ordered.

Orders

  • ['The Applicant is granted leave to amend Development Application No. 1111/2022 and to rely upon amended plans and documents as listed.' "The Applicant is to pay the Respondent's costs pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, agreed in the sum of $1,000, within 28 days." 'The...