Zaki Property Pty Ltd v Liverpool City Council [2021] NSWLEC 1740

Zaki Property Pty Ltd v Liverpool City Council [2021] NSWLEC 1740

The Court upheld the appeal and granted development consent because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, the amended application had the Council's agreement, and the Commissioner was satisfied that the identified jurisdictional preconditions were met and the decision was one the Court could make in the proper exercise of its functions.

Jurisdiction
Australia
Judgment Date
02 December 2021
Procedural Posture
Class 1 Appeal Concerning a Development Application / Orders Following Conciliation Conference Agreement Under S 34 of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
['development Application' 'centre Based Child Care Facility' 'conciliation Conference' 'deemed Refusal Appeal' 'development Consent Subject to Conditions']
['environmental and Planning Law' 'development Consent' 'land Subdivision'] ['development Application' 'centre Based Child Care Facility' 'conciliation Conference' 'deemed Refusal Appeal' 'development Consent Subject to Conditions']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the Court could approve the amended development application for a two storey centre based child care facility and two lot Torrens Title subdivision in the proper exercise of its functions.' "Whether jurisdictional preconditions for granting development consent were satisfied following the parties' agreement at conciliation."]

Ratio Decidendi

The Court upheld the appeal and granted development consent because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, the amended application had the Council's agreement, and the Commissioner was satisfied that the identified jurisdictional preconditions were met and the decision was one the Court could make in the proper exercise of its functions.

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • ['The appeal is upheld.' 'Development Application No. 870-2021, for the Construction of a two storey child care centre for 104 children with associated signage, car parking, landscaping, site works and Torrens Title subdivision into two lots at 99-101 Carmichael Drive, West Hoxton (legally described Lot 216 DP...