Redsab Pty Ltd v Liverpool City Council [2022] NSWLEC 1689

Redsab Pty Ltd v Liverpool City Council [2022] NSWLEC 1689

The Court was satisfied that the proposed development, as amended, met all relevant statutory and planning instrument requirements, including those relating to zoning, contamination, biodiversity, community submissions, and child care centre standards, and thus could be granted consent in accordance with the parties’ agreement under s 34 of the Land and Environment Court Act 1979 and s 4.16 of the Environmental Planning and Assessment Act 1979.

Parties
Applicant: Redsab Pty Ltd ACN 653 196 939; Respondent: Liverpool City Council
Jurisdiction
Australia
Judgment Date
13 December 2022
Procedural Posture
Development Appeal (class 1) / Final Orders After Conciliation Conference
Outcome
Appeal upheld; development consent granted with conditions; costs order made against applicant for costs thrown away due to amendment
Legal Topics
Development Application, Childcare Centre, Conciliation Conference, Amendment of Application, Environmental Contamination, Planning Instruments, Consent Authority Procedures
Environmental Planning Law Local Government Law Planning Law Development Application Childcare Centre Conciliation Conference Amendment of Application Environmental Contamination +2 more

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Parties

Redsab Pty Ltd ACN 653 196 939

Applicant

Liverpool City Council

Respondent

Procedural Posture

Development Appeal (class 1) / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Whether amended development application satisfies planning instrument requirements
  2. 2 Whether the site is suitable for proposed development (contamination, tree removal, landscaping)
  3. 3 Whether procedural and jurisdictional prerequisites for consent are met

Ratio Decidendi

The Court was satisfied that the proposed development, as amended, met all relevant statutory and planning instrument requirements, including those relating to zoning, contamination, biodiversity, community submissions, and child care centre standards, and thus could be granted consent in accordance with the parties’ agreement under s 34 of the Land and Environment Court Act 1979 and s 4.16 of the Environmental Planning and Assessment Act 1979.

Court Disposition

Appeal upheld; development consent granted with conditions; costs order made against applicant for costs thrown away due to amendment

Orders

  • The applicant is to pay the respondent's costs that have been thrown away as a result of the amendment of the applicant for development consent pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the amount of $3,000.
  • The appeal is upheld.