Primes v Liverpool City Council [2020] NSWLEC 1373

Land and Environment Court New South Wales

Medium Neutral Citation: Primes v Liverpool City Council [2020] NSWLEC 1373 Hearing dates: 31 July 2020 Date of orders: 20 August 2020 Decision date: 20 August 2020 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is upheld. (2) 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. (3) The exhibits are returned. Catchwords: DEVELOPMENT CONTROL ORDER – orders by consent of parties Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Liverpool Local Environmental Plan 2008 Category: Principal judgment Parties: Oliver Guenter Primes (Applicant) Liverpool City Council (Respondent) Representation: Counsel: J Golinelli (Solicitor) (Applicant) R O'Gorman-Hughes (Respondent)

Solicitors: John Golinelli Solicitor (Applicant) Liverpool City Council (Respondent) File Number(s): 2019/203277 Publication restriction: No

Judgment 1. COMMISSIONER: This is an appeal pursuant to the provisions of s 8.18(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against a development control order issued by Liverpool City Council (the Council) pursuant to s 9.34(1)(a) of the EPA Act, to the owner of 3 St Johns Road, Busby (the site), to stop using a building because the building being used is in contravention of a planning approval and to demolish the building because the building was erected in contravention of the EPA Act. 2. The appeal was subject to conciliation on 28 February 2020, in accordance with the provisions of s 34 of the Land and Environment Court Act 1979 (LEC Act). As agreement was not reached during the conciliation phase, the conciliation conference was terminated on 29 April 2020, pursuant to s 34(4) of the LEC Act.