Psalms Corp Pty Ltd v Liverpool City Council [2024] NSWLEC 1393

Psalms Corp Pty Ltd v Liverpool City Council [2024] NSWLEC 1393

Because the parties reached agreement on the grant of consent, the amended application satisfied the identified jurisdictional preconditions, and the Commissioner was satisfied under s 34(3) of the Land and Environment Court Act 1979 that the decision was one the Court could make in the proper exercise of its functions, the proceedings were disposed of by upholding the appeal and granting development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
10 July 2024
Procedural Posture
Class 1 Appeal Concerning a Development Application / Orders Made Following Agreement Reached at a Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted to Development Application No. DA-1479/2021 as amended, subject to conditions.
Legal Topics
['development Application' 'development Consent' 'multi Dwelling Housing' 'conciliation Conference' 'class 1 Appeal']
['planning and Environment Law'] ['development Application' 'development Consent' 'multi Dwelling Housing' 'conciliation Conference' 'class 1 Appeal']

Case Brief

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Procedural Posture

Class 1 Appeal Concerning a Development Application / Orders Made Following Agreement Reached at a Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the Court could grant development consent to the amended development application in the proper exercise of its functions following the parties' agreement under s 34 of the Land and Environment Court Act 1979." 'Whether the jurisdictional preconditions to the grant of development consent for the amended application were met.']

Ratio Decidendi

Because the parties reached agreement on the grant of consent, the amended application satisfied the identified jurisdictional preconditions, and the Commissioner was satisfied under s 34(3) of the Land and Environment Court Act 1979 that the decision was one the Court could make in the proper exercise of its functions, the proceedings were disposed of by upholding the appeal and granting development consent subject to conditions.

Court Disposition

Appeal upheld; development consent granted to Development Application No. DA-1479/2021 as amended, subject to conditions.

Orders

  • ['Leave is granted for the Applicant to amend the Class 1 application to rely on the further and amended material listed at [8].' 'The Appeal is upheld.' 'Development consent is granted to Development Application No. DA-1479/2021, as amended, for demolition of existing structures and construction of multi-dwelling...