Melonas v Liverpool City Council [2022] NSWLEC 1045

Land and Environment Court New South Wales

Medium Neutral Citation: Melonas v Liverpool City Council [2022] NSWLEC 1045 Hearing dates: Conciliation conference on 21 December 2021 Date of orders: 1 February 2022 Decision date: 01 February 2022 Jurisdiction: Class 1 Before: Bradbury AC Decision: The Court orders: (1) The Appeal is upheld. (2) Pursuant to s 8.18(4)(b) of the Environmental Planning and Assessment Act 1979, the Development Control Order given by the Council to the Applicants on 19 January 2021 is modified as set out in the amended development control order at Annexure A. Catchwords: APPEAL – development control order –structures erected without required development consent – demolish works order – storage use carried out without required development consent – stop use order – conciliation conference – agreement – modified order Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.18, 9.34, Pt 1, Sch 5 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Sydney Region Growth Centres) 2006 State Environmental Planning Policy (Western Sydney Aerotropolis) 2020 Category: Principal judgment Parties: Peter George Melonas (First Applicant) Vicki Angelina Wolter (Second Applicant) Willi Helmut Wolter (Third Applicant) Liverpool City Council (Respondent) Representation: Counsel: J Reid (Applicants) R O'Gorman-Hughes (Respondent)