Naamo v Liverpool City Council [2024] NSWLEC 1435

Naamo v Liverpool City Council [2024] NSWLEC 1435

The appeal is upheld and development consent granted as amended, with conditions, because the proposal is permissible, satisfies planning principles and statutory requirements, the site can be made suitable with remediation, and all relevant standards, including height, floor space, and zoning, are complied with.

Parties
Applicant: Rawnivr Naamo; Respondent: Liverpool City Council
Jurisdiction
Australia
Judgment Date
26 July 2024
Procedural Posture
Appeal Class 1 Development Application / Final Determination After Conciliation Conference
Outcome
Appeal upheld; development consent granted with conditions; costs ordered
Legal Topics
Development Application, Multi Dwelling Housing, Strata Subdivision, Conciliation Conference, Costs
Environmental and Planning Law Development Application Multi Dwelling Housing Strata Subdivision Conciliation Conference Costs

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Parties

Rawnivr Naamo

Applicant

Liverpool City Council

Respondent

Procedural Posture

Appeal Class 1 Development Application / Final Determination After Conciliation Conference

Legal Issues

  1. 1 Whether consent should be granted to the proposed demolition and construction of three dwellings with strata subdivision
  2. 2 Compliance of amended development application with planning principles and statutory requirements
  3. 3 Suitability of site considering contamination and remediation requirements

Ratio Decidendi

The appeal is upheld and development consent granted as amended, with conditions, because the proposal is permissible, satisfies planning principles and statutory requirements, the site can be made suitable with remediation, and all relevant standards, including height, floor space, and zoning, are complied with.

Court Disposition

Appeal upheld; development consent granted with conditions; costs ordered

Orders

  • The appeal is upheld.
  • Development Application No DA-623/2022 for demolition and construction of three dwellings with strata subdivision at 1 Bundemar Street, Miller is determined by grant of consent, subject to conditions in Annexure A.