Concretive Leppington 2 Pty Ltd ATF Concretive Leppington 2 Unit Trust v Liverpool City Council [2024] NSWLEC 1659

Concretive Leppington 2 Pty Ltd ATF Concretive Leppington 2 Unit Trust v Liverpool City Council [2024] NSWLEC 1659

The appeal is upheld and development consent is granted because the amended application and agreed conditions satisfy all statutory prerequisites, community concerns have been addressed, integrated development approvals (including bushfire safety) have been obtained, and there is evidence the site is or will be suitable for the proposed use following remediation.

Parties
Applicant: Concretive Leppington 2 Pty Ltd ATF Concretive Leppington 2 Unit Trust; Respondent: Liverpool City Council
Jurisdiction
Australia
Judgment Date
18 October 2024
Procedural Posture
Class 1 Merit Appeal / Final Determination Following Conciliation Conference
Outcome
Appeal upheld; development consent granted
Legal Topics
Development Application, Subdivision, Torrens Title, Integrated Development, Bushfire Safety Authority
Planning Law Environmental Law Development Application Subdivision Torrens Title Integrated Development Bushfire Safety Authority

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Parties

Concretive Leppington 2 Pty Ltd ATF Concretive Leppington 2 Unit Trust

Applicant

Liverpool City Council

Respondent

Procedural Posture

Class 1 Merit Appeal / Final Determination Following Conciliation Conference

Legal Issues

  1. 1 Whether amended Development Application DA-164/2024 should be granted consent for subdivision and associated works
  2. 2 Whether all statutory and policy requirements for the subdivision are satisfied, including public notification, remediation and bushfire safety
  3. 3 Whether agreement between parties is within the Court's jurisdiction to approve

Ratio Decidendi

The appeal is upheld and development consent is granted because the amended application and agreed conditions satisfy all statutory prerequisites, community concerns have been addressed, integrated development approvals (including bushfire safety) have been obtained, and there is evidence the site is or will be suitable for the proposed use following remediation.

Court Disposition

Appeal upheld; development consent granted

Orders

  • The appeal is upheld.
  • Development Application DA-164/2024 for the subdivision of 1 'super lot' into 20 Torrens title lots and associated earthworks and stormwater works at 1310 Camden Valley Way and 465 Denham Court Road Leppington is determined by a grant of consent subject to conditions contained in Annexure A.