Mackenzie Architects International Pty Ltd v Liverpool City Council [2022] NSWLEC 1677

Mackenzie Architects International Pty Ltd v Liverpool City Council [2022] NSWLEC 1677

The parties reached agreement via conciliation on a development consent involving amended plans that satisfy all statutory and planning instrument requirements. The Court accepted the written request justifying the minor breach of the height standard, as the breach was minor, justified on environmental planning grounds, and found to be in the public interest. The relevant jurisdictional pre-requisites were satisfied, accordingly the Court exercised its power to grant consent under s 4.16 of the EPA Act in the terms agreed by the parties.

Jurisdiction
Australia
Judgment Date
06 December 2022
Procedural Posture
Class 1 Appeal / Post Conciliation Decision Following Agreement at Conciliation Conference
Outcome
Appeal upheld; development consent granted subject to conditions
Legal Topics
['development Application' 'affordable Housing' 'local Environmental Plan' 'consent Orders' 'development Standards Variation']
['planning and Environment Law'] ['development Application' 'affordable Housing' 'local Environmental Plan' 'consent Orders' 'development Standards Variation']

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Procedural Posture

Class 1 Appeal / Post Conciliation Decision Following Agreement at Conciliation Conference

Legal Issues

  1. 1 ['Whether development consent should be granted for a five storey residential flat building including affordable rental units' 'Whether the proposal meets jurisdictional prerequisites for consent under relevant planning instruments and statutes' 'Whether the height contravention under the Liverpool Local Environmental Plan is justified']

Ratio Decidendi

The parties reached agreement via conciliation on a development consent involving amended plans that satisfy all statutory and planning instrument requirements. The Court accepted the written request justifying the minor breach of the height standard, as the breach was minor, justified on environmental planning grounds, and found to be in the public interest. The relevant jurisdictional pre-requisites were satisfied, accordingly the Court exercised its power to grant consent under s 4.16 of the EPA Act in the terms agreed by the parties.

Court Disposition

Appeal upheld; development consent granted subject to conditions

Orders

  • ['The request pursuant to clause 4.6 of the Liverpool Local Environmental Plan 2008 to vary the development standard for height of buildings contained in clause 4.3 prepared by Chapman Planning Pty Ltd dated 4 October 2022 is upheld.' 'The appeal is upheld.' "Development Application DA-1231/2021 for the demolition...