IPD 3 Austral Pty Ltd v Liverpool City Council [2023] NSWLEC 1227
The appeal is upheld and development consent granted as all statutory and policy requirements have been addressed, the parties have reached a lawful agreement through conciliation, and no jurisdictional impediment exists preventing the orders sought.
- Parties
- Applicant: IPD 3 Austral Pty Ltd; Respondent: Liverpool City Council
- Jurisdiction
- Australia
- Judgment Date
- 16 May 2023
- Procedural Posture
- Class 1 Appeal / Post Conciliation Determination
- Outcome
- Appeal upheld; development consent granted subject to conditions
- Legal Topics
- Development Application, Torrens Title Subdivision, Conciliation Conference, Consent Orders
Case Brief
Summary, issues, holding and outcome
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Parties
IPD 3 Austral Pty Ltd
Applicant
Liverpool City Council
Respondent
Procedural Posture
Class 1 Appeal / Post Conciliation Determination
Legal Issues
- 1 Whether the amended development application should be granted consent in light of relevant legislative and policy provisions
- 2 Whether all jurisdictional prerequisites to consent have been satisfied
Ratio Decidendi
The appeal is upheld and development consent granted as all statutory and policy requirements have been addressed, the parties have reached a lawful agreement through conciliation, and no jurisdictional impediment exists preventing the orders sought.
Court Disposition
Appeal upheld; development consent granted subject to conditions
Orders
- The appeal is upheld.
- Development Application No. DA 353/2021, as amended, is determined by the grant of development consent, subject to the conditions set out in Annexure "A".
Full Case Text
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