Universal Property Group Pty Ltd v Liverpool City Council [2023] NSWLEC 1096

Universal Property Group Pty Ltd v Liverpool City Council [2023] NSWLEC 1096

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, the Council consented to the amended development application, and the Commissioner was satisfied that all identified jurisdictional preconditions were met and that granting consent subject to conditions was a decision the Court could make in the proper exercise of its functions, the proceedings were disposed of by upholding the appeal and granting development consent to the amended application.

Jurisdiction
Australia
Judgment Date
02 March 2023
Procedural Posture
Class 1 Development Application Appeal / Orders Made Following S 34 Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld; development consent granted to Development Application No. DA-1333/2021 as amended, subject to conditions at Annexure A.
Legal Topics
['development Application Appeal' 'torrens Title Subdivision' 'conciliation Conference' 'deemed Refusal' 'jurisdictional Preconditions' 'conditions of Consent']
['planning and Environment Law' 'development Consent' 'land Subdivision'] ['development Application Appeal' 'torrens Title Subdivision' 'conciliation Conference' 'deemed Refusal' 'jurisdictional Preconditions' 'conditions of Consent']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Orders Made Following S 34 Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 ['Whether the Court could grant development consent to the amended development application in the proper exercise of its functions following an agreement under s 34(3) of the Land and Environment Court Act 1979.' "Whether the amendment to Development Application No. DA-1333/2021 was properly made with the Council's agreement under cl 55(1) of the Environmental Planning and Assessment Regulation 2000." 'Whether the proposed subdivision was permissible with consent and satisfied applicable jurisdictional preconditions concerning lot size, Aboriginal heritage, infrastructure, contamination, electricity easement requirements and biodiversity clearing.']

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, the Council consented to the amended development application, and the Commissioner was satisfied that all identified jurisdictional preconditions were met and that granting consent subject to conditions was a decision the Court could make in the proper exercise of its functions, the proceedings were disposed of by upholding the appeal and granting development consent to the amended application.

Court Disposition

Appeal upheld; development consent granted to Development Application No. DA-1333/2021 as amended, subject to conditions at Annexure A.

Orders

  • ['The Appeal is upheld.' 'Development consent is granted to Development Application No. DA-1333/2021, as amended, for the demolition of existing structures, tree removal, and the Torrens title subdivision of four (4) existing allotments into 119 Torrens Title lots comprised of 117 residential allotments, 1 residue...