Holcim (Australia) Pty Ltd v Liverpool City Council [2023] NSWLEC 1587

Holcim (Australia) Pty Ltd v Liverpool City Council [2023] NSWLEC 1587

Because the jurisdictional preconditions to granting consent were satisfied and the agreement of the parties was a decision the Court could have made in the proper exercise of its functions, the Court disposed of the proceedings in accordance with the agreed decision and granted consent to the development application subject to conditions.

Jurisdiction
Australia
Judgment Date
10 October 2023
Procedural Posture
Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No. 789/2020 / Decision Following S 34 Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld; development application granted consent subject to conditions.
Legal Topics
['development Application Appeal' 'concrete Batching Plant' 'designated Development' 'conciliation Conference' 'jurisdictional Preconditions to Consent' 'state Environmental Planning Policies' 'local Environmental Plan']
['planning and Environment Law' 'development Consent'] ['development Application Appeal' 'concrete Batching Plant' 'designated Development' 'conciliation Conference' 'jurisdictional Preconditions to Consent' 'state Environmental Planning Policies' 'local Environmental Plan']

Case Brief

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Procedural Posture

Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No. 789/2020 / Decision Following S 34 Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the parties' agreed decision was a decision 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 jurisdictional preconditions to the grant of development consent for the concrete batching plant were satisfied.' 'Whether consent could be granted under s 4.16 of the Environmental Planning and Assessment Act 1979.']

Ratio Decidendi

Because the jurisdictional preconditions to granting consent were satisfied and the agreement of the parties was a decision the Court could have made in the proper exercise of its functions, the Court disposed of the proceedings in accordance with the agreed decision and granted consent to the development application subject to conditions.

Court Disposition

Appeal upheld; development application granted consent subject to conditions.

Orders

  • ['The appeal is upheld.' 'Development Application No. 789/2020 for the construction and operation of a concrete batching plant on part of the land at 320 Badgerys Creek Road, Badgerys Creek (Part of Lot 1 DP 1188956), is determined by the grant of consent, subject to the conditions of consent at Annexure A.']