Kline v Liverpool City Council [2020] NSWLEC 1478

Kline v Liverpool City Council [2020] NSWLEC 1478

The Court, satisfied that the parties' agreement to uphold the appeal and substitute the order is one properly able to be made, orders accordingly in accordance with s 34(3) of the LEC Act.

Jurisdiction
Australia
Judgment Date
06 November 2020
Procedural Posture
Appeal / Conciliation Conference and Determination
Outcome
Appeal upheld. Substituted order made in accordance with agreement.
Legal Topics
['development Control Order' 'stop Use Order' 'demolish Works Order' 'conciliation Conference' 'use of Premises as Depot' 'substituted Orders']
['planning and Environment Law'] ['development Control Order' 'stop Use Order' 'demolish Works Order' 'conciliation Conference' 'use of Premises as Depot' 'substituted Orders']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Appeal / Conciliation Conference and Determination

Legal Issues

  1. 1 ['Whether the premises were used for a prohibited purpose (depot) without development consent' 'Whether unauthorised works (construction of a concrete slab exceeding 20m²) had been carried out' 'Whether the substituted order reflected agreement and statutory requirements']

Ratio Decidendi

The Court, satisfied that the parties' agreement to uphold the appeal and substitute the order is one properly able to be made, orders accordingly in accordance with s 34(3) of the LEC Act.

Court Disposition

Appeal upheld. Substituted order made in accordance with agreement.

Orders

  • ['The appeal is upheld.' 'Pursuant to s. 8.18 of the Environmental Planning and Assessment Act, the development control order in Annexure A is substituted for the Development Control Order given by the Respondent to the Applicant on 22 May 2020.']