Liverpool 888 Pty Ltd v Liverpool City Council [2025] NSWLEC 1009

Liverpool 888 Pty Ltd v Liverpool City Council [2025] NSWLEC 1009

The consent, as modified, is for substantially the same development as originally approved; all jurisdictional prerequisites under s 4.55(2) are met, and no submissions objecting were received. The orders are in accordance with the parties’ agreement, which the Court is satisfied falls within its proper functions.

Parties
Applicant: Liverpool 888 Pty Ltd; Respondent: Liverpool City Council
Jurisdiction
Australia
Judgment Date
14 January 2025
Procedural Posture
Development Appeal (class 1) / Determination Following Conciliation Conference
Outcome
Appeal upheld; consent modified
Legal Topics
Modification of Development Consent, Child Care Centre, Jurisdictional Prerequisites, Section 4.55 EPA Act, Conciliation Conference
Planning and Environment Law Modification of Development Consent Child Care Centre Jurisdictional Prerequisites Section 4.55 EPA Act Conciliation Conference

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Parties

Liverpool 888 Pty Ltd

Applicant

Liverpool City Council

Respondent

Procedural Posture

Development Appeal (class 1) / Determination Following Conciliation Conference

Legal Issues

  1. 1 Whether the proposed modifications constitute substantially the same development as originally approved under s 4.55(2) Environmental Planning and Assessment Act 1979
  2. 2 Whether jurisdictional prerequisites for modification are satisfied

Ratio Decidendi

The consent, as modified, is for substantially the same development as originally approved; all jurisdictional prerequisites under s 4.55(2) are met, and no submissions objecting were received. The orders are in accordance with the parties’ agreement, which the Court is satisfied falls within its proper functions.

Court Disposition

Appeal upheld; consent modified

Orders

  • The appeal is upheld.
  • Development Consent DA-929/2022 is modified in the terms at Annexure A.