Raj & Jai Construction Pty Ltd v Liverpool City Council [2023] NSWLEC 1422

Raj & Jai Construction Pty Ltd v Liverpool City Council [2023] NSWLEC 1422

The Court was satisfied that all jurisdictional prerequisites for granting consent to the amended development application DA-458/2022 had been addressed, that the proposal was consistent with relevant planning instruments and the concept plan, and that approval was in the public interest. Therefore, the appeal was upheld and deferred development consent granted, pursuant to the terms of the parties' s 34 agreement.

Jurisdiction
Australia
Judgment Date
03 August 2023
Procedural Posture
Development Appeal (class 1) / Post Conciliation Orders; Disposal on S34 Agreement
Outcome
Appeal upheld; deferred development consent granted subject to conditions
Legal Topics
['development Application' 'subdivisions' 'deferred Consent' 'environmental Planning Instruments' 'integrated Development' 'bushfire Safety' 'site Contamination']
['planning and Environment Law'] ['development Application' 'subdivisions' 'deferred Consent' 'environmental Planning Instruments' 'integrated Development' 'bushfire Safety' 'site Contamination']

Case Brief

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Procedural Posture

Development Appeal (class 1) / Post Conciliation Orders; Disposal on S34 Agreement

Legal Issues

  1. 1 ['Whether development application DA-458/2022 should be granted for subdivision and associated works' 'Whether the amended development application satisfies statutory and regulatory requirements, including consistency with concept plan approval' 'Whether all jurisdictional prerequisites for granting development consent have been met' 'Whether public interest and planning controls are satisfied']

Ratio Decidendi

The Court was satisfied that all jurisdictional prerequisites for granting consent to the amended development application DA-458/2022 had been addressed, that the proposal was consistent with relevant planning instruments and the concept plan, and that approval was in the public interest. Therefore, the appeal was upheld and deferred development consent granted, pursuant to the terms of the parties' s 34 agreement.

Court Disposition

Appeal upheld; deferred development consent granted subject to conditions

Orders

  • ['The appeal is upheld.' 'Development Application DA-458/2022 for the subdivision of land into four super lots including construction of public roads, tree removal, stormwater drainage and associated site works on land legally described as Lot 25 and Lot 26 in DP228850 and known as 164 and 170 Croatia Avenue,...