Warwick Farm Central Pty Ltd v Liverpool City Council [2023] NSWLEC 1001

Warwick Farm Central Pty Ltd v Liverpool City Council [2023] NSWLEC 1001

The Court was satisfied that the parties' agreed decision was one the Court could have made in the proper exercise of its functions because the appeal was properly brought, the development application was made with owner consent, the proposed uses were permissible with consent, applicable height and floor space ratio standards were met, and the relevant flood planning, contamination and classified road frontage requirements were addressed. Accordingly, s 34(3) of the Land and Environment Court Act 1979 required the proceedings to be disposed of in accordance with the agreement.

Jurisdiction
Australia
Judgment Date
05 January 2023
Procedural Posture
Class 1 Appeal Concerning a Development Application / Orders Made Following a Conciliation Conference Under S 34 of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application' 'development Consent' 'specialised Retail Premises' 'food and Drink Premises' 'health Services Facilities' 'conciliation Conference' 'flood Planning' 'contaminated Land' 'classified Road Frontage']
['planning and Environment Law'] ['development Application' 'development Consent' 'specialised Retail Premises' 'food and Drink Premises' 'health Services Facilities' 'conciliation Conference' 'flood Planning' 'contaminated Land' 'classified Road Frontage']

Case Brief

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Procedural Posture

Class 1 Appeal Concerning a Development Application / Orders Made Following a Conciliation Conference Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the parties' agreement reached at the conciliation conference was a decision the Court could have made in the proper exercise of its functions." 'Whether development consent could be granted for Development Application DA-1134/2021 subject to conditions.']

Ratio Decidendi

The Court was satisfied that the parties' agreed decision was one the Court could have made in the proper exercise of its functions because the appeal was properly brought, the development application was made with owner consent, the proposed uses were permissible with consent, applicable height and floor space ratio standards were met, and the relevant flood planning, contamination and classified road frontage requirements were addressed. Accordingly, s 34(3) of the Land and Environment Court Act 1979 required the proceedings to be disposed of in accordance with the agreement.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['The appeal is upheld.' 'Development consent is granted to Development Application DA-1134/2021 for specialised retail premises, food and drink premises and health services facilities on the land described as Lot 1 DP 1162276 and known as 240 Governor Macquarie Drive, Warwick Farm subject to the conditions in...