Hall v Liverpool City Council [2020] NSWLEC 1574

Hall v Liverpool City Council [2020] NSWLEC 1574

Where an agreement is reached between the parties at conciliation for substitution of a development control order, and the Court is satisfied it is within its powers, it must make orders accordingly under s 34(3) of the Land and Environment Court Act 1979 and s 8.18 of the Environmental Planning and Assessment Act 1979.

Parties
First Applicant: Alan Hall; Second Applicant: Pauline Hall; Respondent: Liverpool City Council
Jurisdiction
Australia
Judgment Date
23 November 2020
Procedural Posture
Appeal / Final Orders After Conciliation
Outcome
Appeal upheld; substituted development control order made by agreement.
Legal Topics
Development Control Order, Stop Use Order, Conciliation Conference, Appeal
Planning and Environment Law Development Control Order Stop Use Order Conciliation Conference Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Alan Hall

First Applicant

Pauline Hall

Second Applicant

Liverpool City Council

Respondent

Procedural Posture

Appeal / Final Orders After Conciliation

Legal Issues

  1. 1 Whether the development control order issued by Liverpool City Council should be upheld or substituted
  2. 2 Whether the stop use order was validly issued under the Environmental Planning and Assessment Act 1979

Ratio Decidendi

Where an agreement is reached between the parties at conciliation for substitution of a development control order, and the Court is satisfied it is within its powers, it must make orders accordingly under s 34(3) of the Land and Environment Court Act 1979 and s 8.18 of the Environmental Planning and Assessment Act 1979.

Court Disposition

Appeal upheld; substituted development control order made by agreement.

Orders

  • The appeal is upheld.
  • Pursuant to s 8.18 of the Environmental Planning and Assessment Act 1979, the Developmental Control order in Annexure A to this agreement is substituted for the Development Control Order given by the Respondent to the Applicant on 22 April 2020.