Kim v Liverpool City Council [2024] NSWLEC 1268

Kim v Liverpool City Council [2024] NSWLEC 1268

Because the parties agreed to the grant of consent to the amended development application subject to conditions, and the Commissioner was satisfied that the Court could make that decision in the proper exercise of its functions after considering the applicable planning controls and requirements, the proceedings were disposed of under s 34(3) of the Land and Environment Court Act 1979 by upholding the appeal and granting development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
22 May 2024
Procedural Posture
Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against the Actual Refusal of Development Application DA 719/2021 / Orders Following Conciliation Conference Under S 34 of the Land and Environment Court Act 1979 and Agreement Between the Parties
Outcome
Appeal upheld; development consent granted to Development Application No DA-719/2021 as amended, subject to conditions in Annexure A.
Legal Topics
['class 1 Development Appeal' 'conciliation Conference' 'integrated Development' 'bushfire Prone Land' 'torrens Title Subdivision' 'site Remediation' 'stormwater Drainage' 'biodiversity Certification' 'heritage Conservation' 'public Utility Infrastructure']
['planning and Environment Law' 'development Consent' 'land Subdivision'] ['class 1 Development Appeal' 'conciliation Conference' 'integrated Development' 'bushfire Prone Land' 'torrens Title Subdivision' 'site Remediation' 'stormwater Drainage' 'biodiversity Certification' 'heritage Conservation' 'public Utility Infrastructure']

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 the Actual Refusal of Development Application DA 719/2021 / Orders Following Conciliation Conference Under S 34 of the Land and Environment Court Act 1979 and Agreement Between the Parties

Legal Issues

  1. 1 ['Whether leave should be granted to rely on an amended Class 1 application correcting the name of the Second Applicant.' "Whether Development Application No DA-719/2021, as amended, could be approved following the parties' agreement under s 34 of the Land and Environment Court Act 1979." 'Whether the amended development application satisfied relevant statutory planning controls, including bushfire, zoning, subdivision, heritage, remediation, biodiversity, infrastructure, flood, stormwater and pipeline easement requirements.']

Ratio Decidendi

Because the parties agreed to the grant of consent to the amended development application subject to conditions, and the Commissioner was satisfied that the Court could make that decision in the proper exercise of its functions after considering the applicable planning controls and requirements, the proceedings were disposed of under s 34(3) of the Land and Environment Court Act 1979 by upholding the appeal and granting development consent subject to conditions.

Court Disposition

Appeal upheld; development consent granted to Development Application No DA-719/2021 as amended, subject to conditions in Annexure A.

Orders

  • ['The Applicants are granted leave to rely on an amended Class 1 application correcting the name of the Second Applicant, Chung Eun Kim.' 'The appeal is upheld.' 'Development consent is granted to Development Application No DA-719/2021 (as amended), lodged with the Respondent on 28 June 2021, for the demolition of...