CGF 101 Pty Ltd v Liverpool City Council [2025] NSWLEC 1000

CGF 101 Pty Ltd v Liverpool City Council [2025] NSWLEC 1000

The parties’ agreement as to orders, supported by the jurisdictional note and evidence (including no adverse environmental impacts, compliance with statutory requirements, zoning, density, and infrastructure provisions), satisfied all relevant legislative prerequisites and requirements for the approval of the development application. Consequently, the Court was required to dispose of the proceedings in accordance with the parties’ agreement under s 34(3) of the Land and Environment Court Act 1979.

Parties
Applicant: CGF 101 Pty Ltd; Respondent: Liverpool City Council
Jurisdiction
Australia
Judgment Date
02 January 2025
Procedural Posture
Class 1 Appeal (development Application Appeal) / Disposition After Conciliation Conference and Agreed Outcome
Outcome
Appeal upheld. Development consent granted subject to conditions.
Legal Topics
Development Application, Subdivision, Integrated Development, Environmental Planning, Conciliation Conference, Jurisdictional Prerequisites
Planning and Environment Law Development Application Subdivision Integrated Development Environmental Planning Conciliation Conference Jurisdictional Prerequisites

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 3 Authorities cited 9 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

CGF 101 Pty Ltd

Applicant

Liverpool City Council

Respondent

Procedural Posture

Class 1 Appeal (development Application Appeal) / Disposition After Conciliation Conference and Agreed Outcome

Legal Issues

  1. 1 Whether development consent should be granted for staged subdivision creating 44 residential lots and 1 infrastructure lot, involving demolition, tree removal, road and civil works
  2. 2 Whether jurisdictional prerequisites under Environmental Planning and Assessment Act 1979 and relevant State Environmental Planning Policies are satisfied
  3. 3 Whether land is suitable for the proposed development, subject to remediation and environmental considerations

Ratio Decidendi

The parties’ agreement as to orders, supported by the jurisdictional note and evidence (including no adverse environmental impacts, compliance with statutory requirements, zoning, density, and infrastructure provisions), satisfied all relevant legislative prerequisites and requirements for the approval of the development application. Consequently, the Court was required to dispose of the proceedings in accordance with the parties’ agreement under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld. Development consent granted subject to conditions.

Orders

  • The appeal is upheld.
  • Development Application DA-595/2023, as amended, for demolition, tree removal, associated roadworks and civil works, and staged subdivision to create 44 Torrens title residential lots and 1 infrastructure lot at 350 Edmondson Avenue, Austral is determined by grant of development consent, subject to conditions of...