Austral Developers Pty Ltd v Liverpool City Council [2022] NSWLEC 1457

Austral Developers Pty Ltd v Liverpool City Council [2022] NSWLEC 1457

The appeal is upheld and consent is granted to the amended Development Application DA-324/2020 because all jurisdictional prerequisites under the Biodiversity Conservation Act 2016, Environmental Planning and Assessment Act 1979, relevant State Environmental Planning Policies, and applicable Development Control Plans have been satisfied, and the parties have resolved all contentions, permitting this outcome under s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
02 September 2022
Procedural Posture
Class 1 Appeal Against Refusal of Development Application / Conciliation Conference, Final Orders
Outcome
Appeal upheld, development application consent granted subject to conditions
Legal Topics
['development Application' 'torrens Title Subdivision' 'significant Trees' 'bushfire Prone Land' 'biodiversity Certification' 'conciliation Conference']
['environmental Law' 'planning Law'] ['development Application' 'torrens Title Subdivision' 'significant Trees' 'bushfire Prone Land' 'biodiversity Certification' 'conciliation Conference']

Case Brief

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Procedural Posture

Class 1 Appeal Against Refusal of Development Application / Conciliation Conference, Final Orders

Legal Issues

  1. 1 ['Whether amended Development Application DA-324/2020 should be granted consent' 'Whether jurisdictional prerequisites under relevant statutes and policies are satisfied' 'Impact on biodiversity-certified land and bushfire-prone land' 'Compliance with relevant State Environmental Planning Policies and Development Control Plan']

Ratio Decidendi

The appeal is upheld and consent is granted to the amended Development Application DA-324/2020 because all jurisdictional prerequisites under the Biodiversity Conservation Act 2016, Environmental Planning and Assessment Act 1979, relevant State Environmental Planning Policies, and applicable Development Control Plans have been satisfied, and the parties have resolved all contentions, permitting this outcome under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld, development application consent granted subject to conditions

Orders

  • ['The appeal is upheld.' "Development Application DA-324/2020, as amended, is determined by grant of consent subject to conditions set out in Annexure 'A'."]