UPG 217 Pty Ltd v Liverpool City Council [2023] NSWLEC 1296

UPG 217 Pty Ltd v Liverpool City Council [2023] NSWLEC 1296

The proposed development satisfies all relevant statutory prerequisites for consent, including landowner consent, integrated development requirements, planning scheme requirements, objective compliance with the zone, and infrastructure provision. The written request to vary the residential density standard demonstrates non-compliance is reasonable and temporary, with no adverse impacts and ultimate achievement of planning objectives. Accordingly, the Court upholds the s 4.6 variation request and grants development consent as agreed by the parties.

Jurisdiction
Australia
Judgment Date
14 June 2023
Procedural Posture
Development Application/appeal (class 1) / Final Orders Following Conciliation Conference
Outcome
Appeal upheld. Development consent granted subject to conditions. Section 4.6 variation request upheld.
Legal Topics
['development Consent' 'variation of Development Standard' 'minimum Dwelling Density' 'residential Subdivision' 'section 4.6 Requests' 'conciliation Conference' 'appeal Against Deemed Refusal']
['planning and Environment'] ['development Consent' 'variation of Development Standard' 'minimum Dwelling Density' 'residential Subdivision' 'section 4.6 Requests' 'conciliation Conference' 'appeal Against Deemed Refusal']

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Procedural Posture

Development Application/appeal (class 1) / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 ['Whether development consent should be granted for subdivision contrary to minimum residential density standard' 'Whether written request to vary development standard (s 4.6) should be upheld' 'Whether jurisdictional prerequisites for granting consent are satisfied']

Ratio Decidendi

The proposed development satisfies all relevant statutory prerequisites for consent, including landowner consent, integrated development requirements, planning scheme requirements, objective compliance with the zone, and infrastructure provision. The written request to vary the residential density standard demonstrates non-compliance is reasonable and temporary, with no adverse impacts and ultimate achievement of planning objectives. Accordingly, the Court upholds the s 4.6 variation request and grants development consent as agreed by the parties.

Court Disposition

Appeal upheld. Development consent granted subject to conditions. Section 4.6 variation request upheld.

Orders

  • ["The Applicant's written section 4.6 request dated 23 May 2023 to vary section 4.1B of Appendix 4 of the State Environmental Planning Policy (Precincts-Western Parkland City) 2021 is upheld." 'The appeal is upheld.' 'Development consent is granted to development application No DA-1312/2021, as amended, for the...