UPG 222 Pty Ltd v Liverpool City Council [2023] NSWLEC 1267

The Court, satisfied the statutory criteria for disposal in accordance with parties' agreement were met, upheld the appeal and granted development consent to the amended application for demolition works, subject to conditions.

Jurisdiction: Australia
Judgment Date: 01 June 2023
Procedural Posture: Appeal Against Deemed Refusal of Development Application / Final Orders Following Conciliation Conference
Outcome: Appeal upheld; development consent granted (subject to conditions)
Legal Topics: ['development Application' 'demolition' 'consent Orders' 'conciliation Conference']

['planning and Environment Law'] ['development Application' 'demolition' 'consent Orders' 'conciliation Conference']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Appeal Against Deemed Refusal of Development Application / Final Orders Following Conciliation Conference

Legal Issues

1 ['Whether development consent should be granted for demolition under amended application' 'Whether the site is suitable for proposed works' 'Compliance with relevant statutory planning instruments']

Ratio Decidendi

Court Disposition

Appeal upheld; development consent granted (subject to conditions)

Orders

['Applicant granted leave to amend Development Application No DA-930/2022 per specified documents.' 'The appeal is upheld.' 'Development consent is granted to DA-930/2022 for demolition at Lot 689 in DP 2475, 70 Thirteenth Avenue, Austral, NSW, subject to conditions at Annexure A.']