Borg v Liverpool City Council [2024] NSWLEC 1650

Borg v Liverpool City Council [2024] NSWLEC 1650

The appeal is upheld and development consent is granted because the proposed development is permissible under planning controls, satisfies jurisdictional requirements, has minimal impacts for a limited period, and the parties agreed to the terms of approval subject to conditions.

Parties
Applicant: Tanya Borg; Respondent: Liverpool City Council
Jurisdiction
Australia
Judgment Date
17 October 2024
Procedural Posture
Development Appeal / Final Orders Following Conciliation Conference
Outcome
Appeal upheld; development consent granted.
Legal Topics
Development Consent, Conciliation Conference, Environmental Planning, Land Use, Western Sydney Aerotropolis
Planning Law Local Government Law Environmental Law Development Consent Conciliation Conference Environmental Planning Land Use Western Sydney Aerotropolis

Case Brief

Summary, issues, holding and outcome

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Parties

Tanya Borg

Applicant

Liverpool City Council

Respondent

Procedural Posture

Development Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 Whether development consent should be granted for DA-116/2022 for continued use and works of the site at 145 Mersey Road, Bringelly
  2. 2 Whether jurisdictional prerequisites under Environmental Planning and Assessment Act 1979 and Land and Environment Court Act 1979 are satisfied
  3. 3 Whether the proposal is permissible and consistent with applicable State Environmental Planning Policies and regulatory controls

Ratio Decidendi

The appeal is upheld and development consent is granted because the proposed development is permissible under planning controls, satisfies jurisdictional requirements, has minimal impacts for a limited period, and the parties agreed to the terms of approval subject to conditions.

Court Disposition

Appeal upheld; development consent granted.

Orders

  • The appeal is upheld.
  • Development consent is granted to Development Application DA-116/2022 for the specified works subject to Annexure A conditions.