ANBZ Investments Pty Ltd v Liverpool City Council [2023] NSWLEC 1512

ANBZ Investments Pty Ltd v Liverpool City Council [2023] NSWLEC 1512

The written request submitted by the Applicant sufficiently justifies the exceedance of the building height development standard on environmental planning grounds, particularly flood mitigation, and satisfies the zone and standard objectives. All jurisdictional and procedural prerequisites for granting development consent are met, justifying upholding the appeal and granting the development consent as amended.

Jurisdiction
Australia
Judgment Date
11 September 2023
Procedural Posture
Class 1 / Final Orders After Conciliation Conference and Amendment of Development Application
Outcome
Appeal upheld; development consent granted subject to conditions; leave to amend DA granted; applicant to pay council’s costs of amendment as agreed or assessed.
Legal Topics
['development Application' 'height of Buildings' 'clause 4.6 Variation' 'industrial Development' 'conciliation Process']
['environmental Law' 'planning Law'] ['development Application' 'height of Buildings' 'clause 4.6 Variation' 'industrial Development' 'conciliation Process']

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Procedural Posture

Class 1 / Final Orders After Conciliation Conference and Amendment of Development Application

Legal Issues

  1. 1 ['Whether a variation to the development standard for height of buildings under cl 4.3 of the Liverpool Local Environmental Plan 2008 should be granted by way of cl 4.6 written request' 'Whether the amended Development Application meets applicable planning instruments and environmental policies' 'Whether jurisdictional and procedural requirements for granting consent are met']

Ratio Decidendi

The written request submitted by the Applicant sufficiently justifies the exceedance of the building height development standard on environmental planning grounds, particularly flood mitigation, and satisfies the zone and standard objectives. All jurisdictional and procedural prerequisites for granting development consent are met, justifying upholding the appeal and granting the development consent as amended.

Court Disposition

Appeal upheld; development consent granted subject to conditions; leave to amend DA granted; applicant to pay council’s costs of amendment as agreed or assessed.

Orders

  • ['Leave granted to Applicant to amend Development Application DA-1139/2022 and rely on amended plans and documents.' "Applicant to pay Respondent's costs thrown away as a result of amending the Development Application as agreed or assessed." 'Applicant’s cl 4.6 written request to vary height standard upheld.' 'The...