Ghazi Al Ali Architects Pty Ltd v Liverpool City Council [2021] NSWLEC 1167

Ghazi Al Ali Architects Pty Ltd v Liverpool City Council [2021] NSWLEC 1167

Because the jurisdictional preconditions to the exercise of power had been met, no jurisdictional impediment was identified, and the proposed decision was one the Court could have made in the proper exercise of its functions, the Court was required under s 34(3) of the Land and Environment Court Act 1979 to make orders in accordance with the parties' agreement granting leave to amend the development application, upholding the appeal and approving the development application subject to conditions.

Jurisdiction
Australia
Judgment Date
08 April 2021
Procedural Posture
Class 1 Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application DA 279/2020 / Principal Judgment Following Conciliation and Agreement Under S 34 of the Land and Environment Court Act 1979
Outcome
Appeal upheld; leave to amend the development application granted; development application 279/2020 approved subject to conditions in Annexure A.
Legal Topics
['development Application Appeal' 'deemed Refusal' 'subdivision' 'multi Dwelling Housing' 'conciliation Agreement' 'jurisdictional Preconditions to Development Consent' 'bushfire Prone Land' 'remediation of Land' 'georges River Catchment' 'basix' 'electricity Easement']
['planning and Environment' 'development Consent' 'land and Environment Court Procedure'] ['development Application Appeal' 'deemed Refusal' 'subdivision' 'multi Dwelling Housing' 'conciliation Agreement' 'jurisdictional Preconditions to Development Consent' 'bushfire Prone Land' 'remediation of Land' 'georges River Catchment' 'basix' 'electricity Easement']

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

Class 1 Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application DA 279/2020 / Principal Judgment Following Conciliation and Agreement Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the proposed decision the subject of the parties' agreement was a decision the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979." 'Whether the jurisdictional preconditions to the grant of development consent had been met under the Environmental Planning and Assessment Act 1979 and applicable environmental planning instruments.' 'Whether leave should be granted to amend the development application and whether development consent should be granted subject to conditions.']

Ratio Decidendi

Because the jurisdictional preconditions to the exercise of power had been met, no jurisdictional impediment was identified, and the proposed decision was one the Court could have made in the proper exercise of its functions, the Court was required under s 34(3) of the Land and Environment Court Act 1979 to make orders in accordance with the parties' agreement granting leave to amend the development application, upholding the appeal and approving the development application subject to conditions.

Court Disposition

Appeal upheld; leave to amend the development application granted; development application 279/2020 approved subject to conditions in Annexure A.

Orders

  • ['The Applicant is granted leave to amend the development application to: (a) exclude from the land to which Development application 279/2020 relates the land in Lot 4 DP1228502 known as No. 30 Croatia Avenue, Edmondson Park and (b) rely upon the plans referred to at operational condition A1, contained within...