Lawson DJM Pty Ltd v Liverpool City Council [2022] NSWLEC 1035

Land and Environment Court New South Wales

Medium Neutral Citation: Lawson DJM Pty Ltd v Liverpool City Council [2022] NSWLEC 1035 Hearing dates: Conciliation conference on 20 January 2022 Date of orders: 25 January 2022 Decision date: 25 January 2022 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders: (1) the appeal is upheld; (2) pursuant to s8.18(4)(b) of the EP&A Act, the Court amends the Order the subject of this appeal in accordance with orders (3), (4) and (5) below. (3) by 8 March 2022, the Applicant is to wholly cease use of the Site at 55 Lawson Road, Badgerys Creek (Site), for any purpose for which the Applicant does not have development consent; (4) until such time as the owner of the Site or the Applicant has obtained development consent for any prospective use of the Site under a new development application (Prospective Application), the Applicant will not carry out any development other than exempt development or development for which the Applicant has been granted consent; (5) the existing structures on the Site are permitted to remain until such time as the Applicant obtains development consent under the Prospective Application. Catchwords: DEVELOPMENT CONTROL ORDER – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.18, Div 9.3, Sch 5 Land and Environment Court Act 1979, s34 Category: Principal judgment Parties: Lawson DJM Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: D Tyrell (Solicitor)(Applicant) C Morton (Solicitor) (Respondent)