Liverpool 888 Pty Ltd v Liverpool City Council [2023] NSWLEC 1208

Liverpool 888 Pty Ltd v Liverpool City Council [2023] NSWLEC 1208

With all jurisdictional and statutory requirements addressed to the Court's satisfaction, and no remaining contentions between the parties, the appeal is upheld and development consent is granted subject to conditions.

Parties
Applicant: Liverpool 888 Pty Ltd; Respondent: Liverpool City Council
Jurisdiction
Australia
Judgment Date
04 May 2023
Procedural Posture
Class 1 Development Appeal / Order After Conciliation Conference
Outcome
Appeal upheld; Development Application DA-929/2022 granted consent subject to conditions
Legal Topics
Development Application, Conciliation Conference, Childcare Centre, Mixed Use Development, Planning Consent, Local Environmental Plan, State Environmental Planning Policy
Planning and Environment Development Application Conciliation Conference Childcare Centre Mixed Use Development Planning Consent Local Environmental Plan State Environmental Planning Policy

Case Brief

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Parties

Liverpool 888 Pty Ltd

Applicant

Liverpool City Council

Respondent

Procedural Posture

Class 1 Development Appeal / Order After Conciliation Conference

Legal Issues

  1. 1 Whether amended Development Application DA-929/2022 should be granted consent
  2. 2 Whether all relevant planning controls and statutory requirements are satisfied

Ratio Decidendi

With all jurisdictional and statutory requirements addressed to the Court's satisfaction, and no remaining contentions between the parties, the appeal is upheld and development consent is granted subject to conditions.

Court Disposition

Appeal upheld; Development Application DA-929/2022 granted consent subject to conditions

Orders

  • The appeal is upheld.
  • The Applicant is granted leave to rely upon the Accessibility Compliance Report prepared by Access Link Consulting Issue E, dated 23 February 2023.