AK Developments NSW Pty Ltd v Liverpool City Council [2024] NSWLEC 1624

AK Developments NSW Pty Ltd v Liverpool City Council [2024] NSWLEC 1624

The Court, having found that the amended application addresses the Council's contentions and complies with all applicable planning controls, legislative requirements, and agreed conditions, upholds the appeal and grants development consent in accordance with the parties' s34 agreement.

Parties
Applicant: AK Developments NSW Pty Ltd; Respondent: Liverpool City Council
Jurisdiction
Australia
Judgment Date
04 October 2024
Procedural Posture
Appeal Development Application (class 1) / Final Orders After S34 Conciliation Conference
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
Development Applications, Subdivision, Medium Density Residential, Conciliation Conference, Minimum Lot Sizes, Integrated Development, Bush Fire Safety, BASIX
Planning and Environment Law Development Applications Subdivision Medium Density Residential Conciliation Conference Minimum Lot Sizes Integrated Development Bush Fire Safety +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

AK Developments NSW Pty Ltd

Applicant

Liverpool City Council

Respondent

Procedural Posture

Appeal Development Application (class 1) / Final Orders After S34 Conciliation Conference

Legal Issues

  1. 1 Whether the amended development application for subdivision and residential construction should be granted consent, subject to conditions, after agreement between parties during s34 conciliation.
  2. 2 Whether the proposed lots and dwellings comply with statutory planning controls for zone, density, lot size, and environmental policies.

Ratio Decidendi

The Court, having found that the amended application addresses the Council's contentions and complies with all applicable planning controls, legislative requirements, and agreed conditions, upholds the appeal and grants development consent in accordance with the parties' s34 agreement.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • The appeal is upheld.
  • Development application RD-32/2023 for the subdivision of land creating fifteen Torrens title lots, construction of three dual occupancies and fifteen attached dwellings and associated site works at 29 and 31 Auger Street and 17, 22 and 24 Apiary Street, Austral, NSW 2179 is determined by the grant of consent...