Universal Property Group Pty Ltd v Liverpool City Council [2024] NSWLEC 1007

Universal Property Group Pty Ltd v Liverpool City Council [2024] NSWLEC 1007

The parties' agreement following conciliation, supported by evidence and satisfaction of jurisdictional prerequisites, justifies the grant of development consent and upholding the applicant's Clause 4.6 variation request, as the proposal achieves the objectives of development standards despite the nominal non-compliance with building height.

Parties
Applicant: Universal Property Group Pty Ltd; Respondent: Liverpool City Council
Jurisdiction
Australia
Judgment Date
16 January 2024
Procedural Posture
Development Appeal (class 1) / Final Orders Following Conciliation Conference
Outcome
Appeal upheld. Development consent granted subject to conditions.
Legal Topics
Development Consent, Residential Flat Buildings, Development Standards Variation, State Environmental Planning Policy, Height of Buildings, Public Interest, Conciliation Conference
Planning and Environment Development Consent Residential Flat Buildings Development Standards Variation State Environmental Planning Policy Height of Buildings Public Interest Conciliation Conference

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Parties

Universal Property Group Pty Ltd

Applicant

Liverpool City Council

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether development consent should be granted to the amended application for two residential flat buildings including demolition, tree removal and basement parking at 216 Edmondson Avenue, Austral
  2. 2 Whether the applicant's Clause 4.6 written request to vary the maximum building height standard in the State Environmental Planning Policy (Precincts – Western Parkland City) 2021 should be upheld

Ratio Decidendi

The parties' agreement following conciliation, supported by evidence and satisfaction of jurisdictional prerequisites, justifies the grant of development consent and upholding the applicant's Clause 4.6 variation request, as the proposal achieves the objectives of development standards despite the nominal non-compliance with building height.

Court Disposition

Appeal upheld. Development consent granted subject to conditions.

Orders

  • The applicant is directed to file the amended development application the subject of order 4 below within seven days of the date of this order.
  • The appeal is upheld.