McKay Avenue Pty Ltd v Liverpool City Council [2024] NSWLEC 1611

McKay Avenue Pty Ltd v Liverpool City Council [2024] NSWLEC 1611

Having been satisfied that all jurisdictional preconditions are met, including that the development is permissible, complies with relevant standards, and public notification requirements were observed with no objections, the Court grants development consent as agreed between the parties.

Parties
Applicant: McKay Avenue Pty Ltd; Respondent: Liverpool City Council
Jurisdiction
Australia
Judgment Date
01 October 2024
Procedural Posture
Class 1 Merit Appeal (development Application) / Final Orders Following Conciliation Conference
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
Development Application, Child Care Centre, Appeal, Conciliation Conference, Development Consent
Planning and Environment Law Development Application Child Care Centre Appeal Conciliation Conference Development Consent

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

McKay Avenue Pty Ltd

Applicant

Liverpool City Council

Respondent

Procedural Posture

Class 1 Merit Appeal (development Application) / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 Whether development consent should be granted for the proposed child care facility
  2. 2 Whether the jurisdictional prerequisites for consent were met

Ratio Decidendi

Having been satisfied that all jurisdictional preconditions are met, including that the development is permissible, complies with relevant standards, and public notification requirements were observed with no objections, the Court grants development consent as agreed between the parties.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • The appeal is upheld.
  • Development consent is granted to DA-578/2023, as amended, for the amalgamation of two land parcels and demolition of existing structures to construct a 3-storey, 102 place centre-based child care facility with 26 car parking spaces over a basement level at 10 and 12 Mckay Avenue Moorebank, subject to the conditions...