Thompson v Liverpool City Council [2021] NSWLEC 1072

Thompson v Liverpool City Council [2021] NSWLEC 1072

The applicants sufficiently complied with the Development Control Order by removing the swimming pool and pergola, and as the respondent no longer required removal of the concrete slab, the Court found compliance pursuant to s 8.18(4)(d) of the Environmental Planning and Assessment Act 1979 and disposed of proceedings accordingly.

Parties
First Applicant: Gregory Robert Thompson; Second Applicant: Paula Andrea Thompson; Respondent: Liverpool City Council
Jurisdiction
Australia
Judgment Date
17 February 2021
Procedural Posture
Environmental Planning and Protection Appeal / Final Orders Following Conciliation Conference
Outcome
Development Control Order sufficiently complied with by Applicants. No order as to costs.
Legal Topics
Development Control Order, Demolish Works Order, Restore Works Order, Appeal Under Environmental Planning and Assessment Act 1979, Compliance With Development Control Orders
Environmental Law Local Government Law Development Control Order Demolish Works Order Restore Works Order Appeal Under Environmental Planning and Assessment Act 1979 Compliance With Development Control Orders

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Parties

Gregory Robert Thompson

First Applicant

Paula Andrea Thompson

Second Applicant

Liverpool City Council

Respondent

Procedural Posture

Environmental Planning and Protection Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 Whether the Development Control Order issued by Liverpool City Council was sufficiently complied with by the Applicants
  2. 2 Whether the Applicants were required to remove the roofed pergola, concrete slab, and in-ground swimming pool as per the Development Control Order
  3. 3 Whether the Court should dispose of proceedings in accordance with parties' agreement after a conciliation conference

Ratio Decidendi

The applicants sufficiently complied with the Development Control Order by removing the swimming pool and pergola, and as the respondent no longer required removal of the concrete slab, the Court found compliance pursuant to s 8.18(4)(d) of the Environmental Planning and Assessment Act 1979 and disposed of proceedings accordingly.

Court Disposition

Development Control Order sufficiently complied with by Applicants. No order as to costs.

Orders

  • The Court finds pursuant to s 8.18(4)(d) of the Environmental Planning and Assessment Act 1979 that the Development Control Order issued by the Respondent to the Applicants on 26 August 2020 is sufficiently complied with by the Applicants.