UPG 169 Pty Ltd v Liverpool City Council [2023] NSWLEC 1419

UPG 169 Pty Ltd v Liverpool City Council [2023] NSWLEC 1419

All jurisdictional prerequisites for granting the amended development consent are satisfied and the parties' agreement is one the court could have made in the proper exercise of its functions. The development consent is therefore granted subject to conditions.

Parties
Applicant: UPG 169 Pty Ltd; Respondent: Liverpool City Council
Jurisdiction
Australia
Judgment Date
03 August 2023
Procedural Posture
Development Appeal / Conciliation Conference and Orders Following Agreement Between Parties
Outcome
Appeal upheld. Development consent granted subject to conditions.
Legal Topics
Development Consent, Subdivision, Residential Development, Land Use Zoning, Tree Removal, Public Infrastructure, Site Contamination, Bush Fire Prone Land
Planning and Environment Law Development Consent Subdivision Residential Development Land Use Zoning Tree Removal Public Infrastructure Site Contamination +1 more

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Parties

UPG 169 Pty Ltd

Applicant

Liverpool City Council

Respondent

Procedural Posture

Development Appeal / Conciliation Conference and Orders Following Agreement Between Parties

Legal Issues

  1. 1 Whether jurisdictional prerequisites for development consent are satisfied
  2. 2 Whether amended development complies with planning controls, zoning, and relevant SEPPs
  3. 3 Whether site contamination and bush fire requirements are addressed

Ratio Decidendi

All jurisdictional prerequisites for granting the amended development consent are satisfied and the parties' agreement is one the court could have made in the proper exercise of its functions. The development consent is therefore granted subject to conditions.

Court Disposition

Appeal upheld. Development consent granted subject to conditions.

Orders

  • The appeal is upheld.
  • Development consent is granted to Development Application DA-473/2022 for subdivision of land creating 78 Torrens title lots over two stages, tree removal, construction of 20 dwellings, construction of public roads, stormwater drainage and associated site works at 275 and 280 Eighth Avenue, Austral, subject to the...