Buchtmann v Liverpool City Council [2024] NSWLEC 1305

Buchtmann v Liverpool City Council [2024] NSWLEC 1305

The parties reached an agreement to uphold the appeal and grant development consent subject to conditions. The Court was satisfied that the jurisdictional prerequisites identified by the parties were met because the steel frame shed was permissible as development ancillary to the dwelling house on R5 Large Lot Residential land under the Liverpool Local Environmental Plan 2008, and the Preliminary Site Investigation Report and consent conditions addressed potential contamination under s 4.6(1) of the State Environmental Planning Policy (Resilience and Hazards) 2021. Accordingly, the agreed decision was one the Court could have made in the proper exercise of its functions and the...

Jurisdiction
Australia
Judgment Date
07 June 2024
Procedural Posture
Class 1 Development Appeal / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Agreement Between the Parties
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Appeal' 'steel Frame Shed Ancillary to Dwelling' 'permissibility Under Local Environmental Plan' 'potential Contamination of Land' 'section 34 Conciliation Agreement']
['planning and Environment Law' 'development Consent'] ['development Appeal' 'steel Frame Shed Ancillary to Dwelling' 'permissibility Under Local Environmental Plan' 'potential Contamination of Land' 'section 34 Conciliation Agreement']

Case Brief

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Procedural Posture

Class 1 Development Appeal / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Agreement Between the Parties

Legal Issues

  1. 1 ['Whether Development Application DA-1343/2021 for construction of a steel frame shed should be granted consent following agreement between the parties.' 'Whether the proposed development was permissible under the Liverpool Local Environmental Plan 2008.' 'Whether the requirements concerning potential contamination under s 4.6 of the State Environmental Planning Policy (Resilience and Hazards) 2021 were satisfied.' "Whether the parties' agreed decision was one the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979."]

Ratio Decidendi

The parties reached an agreement to uphold the appeal and grant development consent subject to conditions. The Court was satisfied that the jurisdictional prerequisites identified by the parties were met because the steel frame shed was permissible as development ancillary to the dwelling house on R5 Large Lot Residential land under the Liverpool Local Environmental Plan 2008, and the Preliminary Site Investigation Report and consent conditions addressed potential contamination under s 4.6(1) of the State Environmental Planning Policy (Resilience and Hazards) 2021. Accordingly, the agreed decision was one the Court could have made in the proper exercise of its functions and the...

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['The appeal is upheld.' 'Development Application DA-1343/2021 for the construction of a steel frame shed on 44 Findley Road Bringelly, also known as Lot 55 in DP 27550, is determined by the granting of consent, subject to the conditions set out in Annexure A to this Agreement.']