Mako Minerals Pty Ltd v Liverpool City Council [2022] NSWLEC 1409

Mako Minerals Pty Ltd v Liverpool City Council [2022] NSWLEC 1409

Because the mandatory public exhibition, owner consent, relevant planning assessment, biodiversity, permissibility, contamination and bushfire referral requirements were satisfied, the parties' s 34 agreement reflected a decision the Court could lawfully make; the appeal was therefore upheld and development consent granted subject to conditions.

Jurisdiction
Australia
Judgment Date
02 August 2022
Procedural Posture
Class 1 Appeal Against Deemed Refusal of Development Application DA 1382/2021 / Orders Following S 34 Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application' 'subdivision' 'deemed Refusal Appeal' 'conciliation Conference' 'jurisdictional Prerequisites' 'development Consent Conditions']
['environmental Planning and Assessment' 'land and Environment Court Proceedings'] ['development Application' 'subdivision' 'deemed Refusal Appeal' 'conciliation Conference' 'jurisdictional Prerequisites' 'development Consent Conditions']

Case Brief

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Procedural Posture

Class 1 Appeal Against Deemed Refusal of Development Application DA 1382/2021 / Orders Following S 34 Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the parties' s 34 agreement could be given effect because the decision was one the Court could make in the proper exercise of its functions." 'Whether jurisdictional prerequisites for granting development consent to DA-1382/2021 were satisfied.']

Ratio Decidendi

Because the mandatory public exhibition, owner consent, relevant planning assessment, biodiversity, permissibility, contamination and bushfire referral requirements were satisfied, the parties' s 34 agreement reflected a decision the Court could lawfully make; the appeal was therefore upheld and development consent granted subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['The appeal is upheld.' 'Development consent is granted to development application DA-1382/2021 at 125 Kurrajong Road, Prestons subject to the conditions of consent contained at Annexure A.']