Primes v Liverpool City Council [2020] NSWLEC 1373

Primes v Liverpool City Council [2020] NSWLEC 1373

Because the parties had reached agreement on a modified development control order, and the Council was satisfied that the secondary dwelling could be used in the interim and was capable of being granted a Building Information Certificate, it was lawful and appropriate under s 8.18(4)(b) of the Environmental Planning and Assessment Act 1979 to modify the development control order in the agreed terms.

Jurisdiction
Australia
Judgment Date
20 August 2020
Procedural Posture
Class 1 Appeal Against a Development Control Order / Orders by Consent After Conciliation Was Terminated
Outcome
Appeal upheld; development control order modified.
Legal Topics
['development Control Order' 'secondary Dwelling' 'planning Approval Contravention' 'building Information Certificate' 'consent Orders']
['environmental Planning and Assessment' 'land and Environment Court Proceedings'] ['development Control Order' 'secondary Dwelling' 'planning Approval Contravention' 'building Information Certificate' 'consent Orders']

Case Brief

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Procedural Posture

Class 1 Appeal Against a Development Control Order / Orders by Consent After Conciliation Was Terminated

Legal Issues

  1. 1 ['Whether the development control order issued by Liverpool City Council on 3 June 2019 should be modified under s 8.18(4)(b) of the Environmental Planning and Assessment Act 1979.' 'Whether the unauthorised secondary dwelling had been erected or used in contravention of the planning approval and the Environmental Planning and Assessment Act 1979.']

Ratio Decidendi

Because the parties had reached agreement on a modified development control order, and the Council was satisfied that the secondary dwelling could be used in the interim and was capable of being granted a Building Information Certificate, it was lawful and appropriate under s 8.18(4)(b) of the Environmental Planning and Assessment Act 1979 to modify the development control order in the agreed terms.

Court Disposition

Appeal upheld; development control order modified.

Orders

  • ['The appeal is upheld.' 'The development control order issued by the Respondent to the Applicant on 3 June 2019 is modified in accordance with the development control order at Annexure A.' 'The exhibits are returned.']