Universal Property Group Pty Ltd v Liverpool City Council [2024] NSWLEC 1036

Universal Property Group Pty Ltd v Liverpool City Council [2024] NSWLEC 1036

The appeal is upheld and the development consent modified as the statutory prerequisites are satisfied, the proposed modification is substantially the same as originally approved, relevant submissions and agency concerns have been addressed, and the decision accords with the agreement between the parties under s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
06 February 2024
Procedural Posture
Class 1 Development Appeal / Final Orders Following Conciliation Conference
Outcome
Appeal upheld; consent modified in accordance with agreement and annexed terms.
Legal Topics
['development Consent Modification' 'conciliation Conference' 'jurisdictional Prerequisites' 'section 4.55 Modification']
['planning and Environment Law'] ['development Consent Modification' 'conciliation Conference' 'jurisdictional Prerequisites' 'section 4.55 Modification']

Case Brief

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Procedural Posture

Class 1 Development Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 ['Whether the proposed modification is of minimal environmental impact under s 4.55(1A) EPA Act' 'Whether the modified development is substantially the same as originally approved under s 4.55(2) EPA Act' 'Whether all jurisdictional prerequisites for modification have been satisfied']

Ratio Decidendi

The appeal is upheld and the development consent modified as the statutory prerequisites are satisfied, the proposed modification is substantially the same as originally approved, relevant submissions and agency concerns have been addressed, and the decision accords with the agreement between the parties under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; consent modified in accordance with agreement and annexed terms.

Orders

  • ['The appeal is upheld.' 'Development Consent No. DA-33/2021 is modified in the terms in Annexure A.' 'Development Consent No. DA-33/2021 as modified by the Court is contained in Annexure B.']