UPG 301 Pty Ltd v Liverpool City Council [2023] NSWLEC 1791

UPG 301 Pty Ltd v Liverpool City Council [2023] NSWLEC 1791

Court is satisfied, based on parties' agreement, amended plans, relevant reports, and compliance with statutory and policy requirements, that development application DA-89/2023 is suitable for consent, not likely to significantly affect threatened biodiversity, and satisfies planning, environmental, and infrastructure criteria; orders appeal upheld and development consent granted accordingly.

Jurisdiction
Australia
Judgment Date
22 December 2023
Procedural Posture
Class 1 Appeal / Final Orders Following Conciliation Conference
Outcome
Appeal upheld; development consent granted
Legal Topics
['development Application' 'torrens Title Subdivision' 'consent Amendments' 'integrated Development' 'environmental Assessment' 'flood Planning' 'earthworks' 'community Participation' 'appeal Against Deemed Refusal']
['planning and Environment Law'] ['development Application' 'torrens Title Subdivision' 'consent Amendments' 'integrated Development' 'environmental Assessment' 'flood Planning' 'earthworks' 'community Participation' 'appeal Against Deemed Refusal']

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Procedural Posture

Class 1 Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 ['Whether amended development application should be consented to' 'Compliance with relevant planning statutes and policies' 'Impact on biodiversity and threatened species' 'Suitability of land for proposed development' 'Flood and earthworks impact assessment' 'Compliance with minimum lot size and zoning' 'Consideration of site contamination' 'Traffic and noise impact standards']

Ratio Decidendi

Court is satisfied, based on parties' agreement, amended plans, relevant reports, and compliance with statutory and policy requirements, that development application DA-89/2023 is suitable for consent, not likely to significantly affect threatened biodiversity, and satisfies planning, environmental, and infrastructure criteria; orders appeal upheld and development consent granted accordingly.

Court Disposition

Appeal upheld; development consent granted

Orders

  • ['The appeal is upheld.' "Applicant to pay Respondent's costs thrown away as a result of amendments pursuant to s 8.15(3) Environmental Planning and Assessment Act 1979, as agreed or assessed." 'Development consent granted to Development Application No. DA-89/2023, as amended, for subdivision of land creating 37...