Blue Fountain Pty Ltd v Liverpool City Council [2024] NSWLEC 1640

Blue Fountain Pty Ltd v Liverpool City Council [2024] NSWLEC 1640

The appeal is upheld and the modification to the development consent is granted as the modified development is substantially the same, all jurisdictional prerequisites are met and the parties have agreed under s 34(3) of the Land and Environment Court Act 1979.

Parties
Applicant: Blue Fountain Pty Ltd; Respondent: Liverpool City Council
Jurisdiction
Australia
Judgment Date
15 October 2024
Procedural Posture
Appeal Modification (class 1) / Disposition After S 34 Agreement / Conciliation Conference
Outcome
Appeal upheld; modification granted
Legal Topics
Development Consent Modification, Staging of Works, Jurisdictional Requirements, Conciliation Proceedings
Planning Law Environmental Law Development Consent Modification Staging of Works Jurisdictional Requirements Conciliation Proceedings

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Parties

Blue Fountain Pty Ltd

Applicant

Liverpool City Council

Respondent

Procedural Posture

Appeal Modification (class 1) / Disposition After S 34 Agreement / Conciliation Conference

Legal Issues

  1. 1 Whether the modification application meets the requirements of s 4.55(2) of the Environmental Planning and Assessment Act 1979
  2. 2 Whether the development as modified is substantially the same as originally approved
  3. 3 Whether relevant statutory and planning controls and notification requirements have been satisfied

Ratio Decidendi

The appeal is upheld and the modification to the development consent is granted as the modified development is substantially the same, all jurisdictional prerequisites are met and the parties have agreed under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; modification granted

Orders

  • The appeal is upheld.
  • Development Consent No. DA-698/2019 is modified in the terms set out in Annexure 'A'.