Prime Form Group Pty Ltd v Liverpool City Council [2025] NSWLEC 1061

Prime Form Group Pty Ltd v Liverpool City Council [2025] NSWLEC 1061

As the parties' agreement is one the Court could have properly made, and jurisdictional prerequisites under s 8.18(4)(c) are met, the appeal is upheld and the original Development Control Order is substituted as agreed.

Parties
Applicant: Prime Form Group Pty Ltd; Respondent: Liverpool City Council
Jurisdiction
Australia
Judgment Date
06 February 2025
Procedural Posture
Development Control Order Appeal / Final Determination Following Conciliation Conference
Outcome
Appeal upheld; substituted Development Control Order imposed by agreement; each party pays own costs.
Legal Topics
Development Control Order Appeal, Stop Use Order, Substitution of Order, Conciliation Conference, Jurisdictional Prerequisites
Planning and Environment Law Development Control Order Appeal Stop Use Order Substitution of Order Conciliation Conference Jurisdictional Prerequisites

Case Brief

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Parties

Prime Form Group Pty Ltd

Applicant

Liverpool City Council

Respondent

Procedural Posture

Development Control Order Appeal / Final Determination Following Conciliation Conference

Legal Issues

  1. 1 Whether jurisdictional prerequisites under s 8.18(4)(c) Environmental Planning and Assessment Act 1979 are met for substituting the Development Control Order
  2. 2 Whether the parties' agreement can properly dispose of the proceedings under s 34(3) Land and Environment Court Act 1979

Ratio Decidendi

As the parties' agreement is one the Court could have properly made, and jurisdictional prerequisites under s 8.18(4)(c) are met, the appeal is upheld and the original Development Control Order is substituted as agreed.

Court Disposition

Appeal upheld; substituted Development Control Order imposed by agreement; each party pays own costs.

Orders

  • The appeal is upheld.
  • Pursuant to section 8.18(4)(c) of the Environmental Planning and Assessment Act 1979, the Development Control Order NO-687/2023 dated 10 October 2023 relating to the use of the site located at 1505 Camden Valley Way, Leppington NSW 2179, legally described at Lot 100 DP 1176542, issued to the Applicant by the...