Hi-Quality Quarry (NSW) Pty Ltd v Liverpool City Council [2023] NSWLEC 1583

Hi-Quality Quarry (NSW) Pty Ltd v Liverpool City Council [2023] NSWLEC 1583

Because the parties reached agreement at the s 34 conciliation conference and, after considering the joint jurisdictional submission and written and oral submissions, the Court was satisfied there was no jurisdictional impediment to granting consent subject to the agreed conditions, the agreed decision was within power under s 34(3) of the Land and Environment Court Act 1979 and the appeal was upheld.

Jurisdiction
Australia
Judgment Date
05 October 2023
Procedural Posture
Class 1 Appeal From Deemed Refusal of Development Application DA 585/2022 / Orders Following Conciliation Conference Under S 34 of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development application DA-585/2022 granted consent subject to conditions in Annexure A.
Legal Topics
['development Application' 'landscaping Materials Supplies Facility' 'conciliation Conference Agreement' 'jurisdictional Preconditions' 'flood Planning' 'bushfire Prone Land' 'vegetation Removal' 'contaminated Land' 'georges River Catchment']
['planning and Environment' 'development Consent' 'land and Environment Court Proceedings'] ['development Application' 'landscaping Materials Supplies Facility' 'conciliation Conference Agreement' 'jurisdictional Preconditions' 'flood Planning' 'bushfire Prone Land' 'vegetation Removal' 'contaminated Land' 'georges River Catchment']

Case Brief

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Procedural Posture

Class 1 Appeal From Deemed Refusal of Development Application DA 585/2022 / Orders Following Conciliation Conference Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the parties' agreed decision following the conciliation conference was one the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979." 'Whether there was any jurisdictional impediment to granting development consent to DA-585/2022 subject to conditions.' "Whether relevant statutory and planning controls concerning owners' consent, notification, hazardous and offensive development, contamination, vegetation, catchment impacts, permissibility, flooding, environmentally significant land, earthworks and bushfire protection were satisfied."]

Ratio Decidendi

Because the parties reached agreement at the s 34 conciliation conference and, after considering the joint jurisdictional submission and written and oral submissions, the Court was satisfied there was no jurisdictional impediment to granting consent subject to the agreed conditions, the agreed decision was within power under s 34(3) of the Land and Environment Court Act 1979 and the appeal was upheld.

Court Disposition

Appeal upheld; development application DA-585/2022 granted consent subject to conditions in Annexure A.

Orders

  • ['The appeal is upheld.' 'Development Application No. DA-585/2022 for a landscaping materials supplies facility including associated landscaping and earthworks at 70 Range Road, Cecil Park NSW 2178 (Lot 12 DP 1065416) is determined by the grant of consent subject to the conditions set out in Annexure "A".']