El Baba v Liverpool City Council [2020] NSWLEC 1568

El Baba v Liverpool City Council [2020] NSWLEC 1568

The appeal is upheld and the development control order is modified and substituted with the terms agreed by the parties following a conciliation conference, as authorised by s 8.18 of the EPA Act and s 34 of the Land and Environment Court Act.

Parties
First Applicant: Saleh El Baba; Second Applicant: Somaya El Baba; Respondent: Liverpool City Council
Jurisdiction
Australia
Judgment Date
18 November 2020
Procedural Posture
Appeal / Final Orders Following Conciliation Conference
Outcome
Appeal upheld; development control order modified and substituted
Legal Topics
Development Control Order, Conciliation Conference, Appeal Under S 8.18 of EPA Act
Planning Law Development Control Order Conciliation Conference Appeal Under S 8.18 of EPA Act

Case Brief

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Parties

Saleh El Baba

First Applicant

Somaya El Baba

Second Applicant

Liverpool City Council

Respondent

Procedural Posture

Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 Whether the development control order issued by Liverpool City Council should be upheld or modified
  2. 2 Whether the applicants are entitled to an extended timeframe for compliance and opportunity to lodge a building information certificate application

Ratio Decidendi

The appeal is upheld and the development control order is modified and substituted with the terms agreed by the parties following a conciliation conference, as authorised by s 8.18 of the EPA Act and s 34 of the Land and Environment Court Act.

Court Disposition

Appeal upheld; development control order modified and substituted

Orders

  • The appeal is upheld.
  • Pursuant to s 8.18 of the Environmental Planning and Assessment Act 1979, the Development Control Order in Annexure A is substituted for the order given by Liverpool City Council on 11 June 2020.