Sayed v Liverpool City Council [2023] NSWLEC 1761

Sayed v Liverpool City Council [2023] NSWLEC 1761

Development consent is granted because, following agreed amendments and additional detail, the development application complies with relevant planning controls and statutory requirements, and the Court is satisfied, after conciliation, that all jurisdictional prerequisites are met and consent can properly be granted subject to conditions.

Parties
First Applicant: Mohamed Sayed; Second Applicant: Ghiwa Dannaoui; Respondent: Liverpool City Council
Jurisdiction
Australia
Judgment Date
11 December 2023
Procedural Posture
Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; consent granted for development application subject to conditions
Legal Topics
Development Application, Child Care Centre, Appeal, Conciliation Conference, Development Consent
Planning and Environment Development Application Child Care Centre Appeal Conciliation Conference Development Consent

Case Brief

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Parties

Mohamed Sayed

First Applicant

Ghiwa Dannaoui

Second Applicant

Liverpool City Council

Respondent

Procedural Posture

Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Whether development consent should be granted for the construction of a child care centre at 26 Nineteenth Avenue, Hoxton Park
  2. 2 Whether the amended development application complies with relevant planning controls and statutory requirements
  3. 3 Whether proper notice and procedure under the Environmental Planning and Assessment Act 1979 and other regulations were followed

Ratio Decidendi

Development consent is granted because, following agreed amendments and additional detail, the development application complies with relevant planning controls and statutory requirements, and the Court is satisfied, after conciliation, that all jurisdictional prerequisites are met and consent can properly be granted subject to conditions.

Court Disposition

Appeal upheld; consent granted for development application subject to conditions

Orders

  • The appeal is upheld.
  • Development Application No. DA1030/2020 for demolition of a single storey dwelling house and construction of a part single / part double storey child care centre to cater for 57 children at 26 Nineteenth Avenue, Hoxton Park NSW 2171 is determined by the grant of consent subject to the conditions in Annexure A.