UPG 245 Pty Ltd v Liverpool City Council [2023] NSWLEC 1183

UPG 245 Pty Ltd v Liverpool City Council [2023] NSWLEC 1183

The development application's non-compliance with the minimum dwelling density standard is justified because the proposal achieves the objectives of that standard and the zoning, and environmental planning grounds exist for the variation; therefore, the appeal is upheld and consent granted, subject to conditions.

Parties
Applicant: UPG 245 Pty Ltd; Respondent: Liverpool City Council
Jurisdiction
Australia
Judgment Date
19 April 2023
Procedural Posture
Class 1 Appeal / Post Conciliation Conference Orders
Outcome
Appeal upheld; development consent granted subject to conditions; applicant to pay respondent's costs
Legal Topics
Development Application, Subdivision, Variation of Development Standard, Minimum Dwelling Density, Consent Orders
Planning and Environment Development Application Subdivision Variation of Development Standard Minimum Dwelling Density Consent Orders

Case Brief

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Parties

UPG 245 Pty Ltd

Applicant

Liverpool City Council

Respondent

Procedural Posture

Class 1 Appeal / Post Conciliation Conference Orders

Legal Issues

  1. 1 Whether the development application should be granted consent despite non-compliance with the minimum dwelling density development standard
  2. 2 Whether the preconditions for varying a development standard under s 4.6 of the Precinct Plan have been met
  3. 3 Whether the proposed development is in the public interest

Ratio Decidendi

The development application's non-compliance with the minimum dwelling density standard is justified because the proposal achieves the objectives of that standard and the zoning, and environmental planning grounds exist for the variation; therefore, the appeal is upheld and consent granted, subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions; applicant to pay respondent's costs

Orders

  • The Applicant is to pay the Council's costs thrown away pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 in the agreed sum of $3,000.
  • The appeal is upheld.