UPG 204 Pty Ltd v Liverpool City Council [2023] NSWLEC 1254

UPG 204 Pty Ltd v Liverpool City Council [2023] NSWLEC 1254

The appeal is upheld and development consent granted because all jurisdictional and statutory prerequisites have been satisfied, the planning controls allow the proposed subdivision and works, and the Court must dispose of proceedings as per the agreement reached in conciliation conference under s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
24 May 2023
Procedural Posture
Class 1 Proceedings / Post Conciliation Conference; Final Orders
Outcome
Appeal upheld; development consent granted
Legal Topics
['development Application' 'torrens Title Subdivision' 'demolition' 'tree Removal' 'site Remediation' 'consent Order']
['planning and Environment Law'] ['development Application' 'torrens Title Subdivision' 'demolition' 'tree Removal' 'site Remediation' 'consent Order']

Case Brief

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Procedural Posture

Class 1 Proceedings / Post Conciliation Conference; Final Orders

Legal Issues

  1. 1 ['Whether jurisdictional prerequisites for granting development consent are satisfied' 'Whether the agreement reached in conciliation conference can be adopted by the Court' 'Compliance with relevant statutory and planning provisions for subdivision, demolition, tree removal, and site remediation']

Ratio Decidendi

The appeal is upheld and development consent granted because all jurisdictional and statutory prerequisites have been satisfied, the planning controls allow the proposed subdivision and works, and the Court must dispose of proceedings as per the agreement reached in conciliation conference under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development consent granted

Orders

  • ['Leave is granted to the Applicant to rely upon the amended material listed in Annexure A.' 'The appeal is upheld.' 'Development consent is granted to Development Application No. DA-1310/2021 for demolition of existing structures, tree removal, site remediation and Torrens title subdivision of land into 12 lots (10...