UPG 148 Pty Ltd v Liverpool City Council [2023] NSWLEC 1247

UPG 148 Pty Ltd v Liverpool City Council [2023] NSWLEC 1247

The appeal is upheld and consent is granted as the amended application satisfies all relevant planning controls, statutory prerequisites, and is supported by both parties following a s 34 conciliation agreement. No merit assessment of the original issues is required where parties are in agreement under s 34.

Parties
Applicant: UPG 148 Pty Ltd; Respondent: Liverpool City Council
Jurisdiction
Australia
Judgment Date
23 May 2023
Procedural Posture
Class 1 Appeal / Final Orders After Conciliation Agreement
Outcome
Appeal upheld; development consent granted with conditions; costs thrown away payable by Applicant to Respondent
Legal Topics
Development Application, Subdivision, Deemed Refusal, Amended Development Application, Jurisdictional Prerequisites, Conciliation Conference
Environmental Law Planning Law Local Government Development Application Subdivision Deemed Refusal Amended Development Application Jurisdictional Prerequisites +1 more

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Parties

UPG 148 Pty Ltd

Applicant

Liverpool City Council

Respondent

Procedural Posture

Class 1 Appeal / Final Orders After Conciliation Agreement

Legal Issues

  1. 1 Whether development consent should be granted for demolition of structures and subdivision of land
  2. 2 Whether jurisdictional prerequisites for granting consent are satisfied
  3. 3 Whether the agreement reached under s 34 Land and Environment Court Act 1979 is a lawful outcome

Ratio Decidendi

The appeal is upheld and consent is granted as the amended application satisfies all relevant planning controls, statutory prerequisites, and is supported by both parties following a s 34 conciliation agreement. No merit assessment of the original issues is required where parties are in agreement under s 34.

Court Disposition

Appeal upheld; development consent granted with conditions; costs thrown away payable by Applicant to Respondent

Orders

  • The Applicant is to pay the Respondent's costs thrown away as a result of the amended application in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or as assessed.
  • The appeal is upheld.