Mako Minerals Pty Ltd v Liverpool City Council [2022] NSWLEC 1398

Mako Minerals Pty Ltd v Liverpool City Council [2022] NSWLEC 1398

The Court, satisfied that all jurisdictional prerequisites for development consent were met and bound by the parties' agreement after conciliation conference, upheld the appeal and granted consent subject to conditions.

Parties
Applicant: Mako Minerals Pty Ltd; Respondent: Liverpool City Council
Jurisdiction
Australia
Judgment Date
27 July 2022
Procedural Posture
Appeal / Determination Following Conciliation Conference
Outcome
Appeal upheld; development consent granted subject to conditions
Legal Topics
Development Application, Clearing of Land, Construction of Warehouses, Self Storage Units, Conciliation Conference, Agreement Between Parties
Planning and Environment Law Development Application Clearing of Land Construction of Warehouses Self Storage Units Conciliation Conference Agreement Between Parties

Case Brief

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Parties

Mako Minerals Pty Ltd

Applicant

Liverpool City Council

Respondent

Procedural Posture

Appeal / Determination Following Conciliation Conference

Legal Issues

  1. 1 Whether development consent should be granted to DA1308/2021 for construction at 135 Kurrajong Road, Prestons
  2. 2 Whether the statutory preconditions for granting development consent have been satisfied, including biodiversity, contamination, and planning requirements

Ratio Decidendi

The Court, satisfied that all jurisdictional prerequisites for development consent were met and bound by the parties' agreement after conciliation conference, upheld the appeal and granted consent 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 DA1308/2021 at 135 Kurrajong Road, Prestons subject to the conditions of consent contained at Annexure A.