Okinawa Pty Ltd v Liverpool City Council [2023] NSWLEC 1228

Okinawa Pty Ltd v Liverpool City Council [2023] NSWLEC 1228

The parties agreed and the Court was satisfied that all prerequisites and statutory requirements for the grant of Development Consent were met. Therefore, pursuant to s 34(3) of the Land and Environment Court Act 1979, the appeal was upheld and Development Consent was granted subject to conditions.

Jurisdiction
Australia
Judgment Date
16 May 2023
Procedural Posture
Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; Development Consent granted
Legal Topics
['development Application' 'multi Dwelling Housing' 'conciliation Conference' 'granting Consent']
['planning and Environment Law'] ['development Application' 'multi Dwelling Housing' 'conciliation Conference' 'granting Consent']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 ['Whether Development Consent should be granted for a multi dwelling housing development comprising seven dwellings with associated subdivision and works at Lot 635, DP1245754 Caldwell Avenue, Edmondson Park' 'Whether all relevant statutory and planning requirements are satisfied to permit consent']

Ratio Decidendi

The parties agreed and the Court was satisfied that all prerequisites and statutory requirements for the grant of Development Consent were met. Therefore, pursuant to s 34(3) of the Land and Environment Court Act 1979, the appeal was upheld and Development Consent was granted subject to conditions.

Court Disposition

Appeal upheld; Development Consent granted

Orders

  • ['The appeal is upheld.' 'Development Application No DA 676/2022 is determined by granting Development Consent for multi dwelling housing (seven dwellings), associated seven lot Strata Subdivision, civil works including bulk earthworks, construction of retaining walls, service connections and landscaping at Lot 635,...