Crest No1 Pty Limited v Liverpool City Council [2018] NSWLEC 1122

Crest No1 Pty Limited v Liverpool City Council [2018] NSWLEC 1122

The proceedings were resolved by agreement between the parties pursuant to s 34(3) of the Land and Environment Court Act 1979. The Commissioner was satisfied the decision could have been made by the Court in its proper function, and orders were made accordingly, granting development consent subject to conditions and varying certain local environmental plan controls.

Parties
Applicant: Crest No1 Pty Limited; Respondent: Liverpool City Council
Jurisdiction
Australia
Judgment Date
09 March 2018
Procedural Posture
Appeal Against Refusal of Development Application / Disposition Following Conciliation Conference
Outcome
Appeal upheld; development consent granted subject to conditions; costs ordered
Legal Topics
Development Application, Conciliation Conference, Consent Orders
Planning Law Environmental Law Development Application Conciliation Conference Consent Orders

Case Brief

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Parties

Crest No1 Pty Limited

Applicant

Liverpool City Council

Respondent

Procedural Posture

Appeal Against Refusal of Development Application / Disposition Following Conciliation Conference

Legal Issues

  1. 1 Whether development application DA-989/2016 should be granted consent
  2. 2 Whether requests to vary Building Street frontage and Building Separation controls in Liverpool Local Environmental Plan 2008 should be upheld
  3. 3 Costs relating to amendment of development application

Ratio Decidendi

The proceedings were resolved by agreement between the parties pursuant to s 34(3) of the Land and Environment Court Act 1979. The Commissioner was satisfied the decision could have been made by the Court in its proper function, and orders were made accordingly, granting development consent subject to conditions and varying certain local environmental plan controls.

Court Disposition

Appeal upheld; development consent granted subject to conditions; costs ordered

Orders

  • Applicant given leave to rely on specified architectural and landscape plans
  • Applicant to pay costs of Respondent thrown away as a result of amending the development application in the amount of $2,000