UPG 94 Pty Ltd v Liverpool City Council [2023] NSWLEC 1335

UPG 94 Pty Ltd v Liverpool City Council [2023] NSWLEC 1335

The jurisdictional prerequisites for granting development consent under the Environmental Planning and Assessment Act 1979 and the State Environmental Planning Policies are satisfied. The agreement reached by the parties at the s 34 conciliation conference is a decision the Court could have made in the proper exercise of its functions and should be adopted under s 34(3) of the Land and Environment Court Act 1979.

Parties
Applicant: UPG 94 Pty Ltd; Respondent: Liverpool City Council
Jurisdiction
Australia
Judgment Date
30 June 2023
Procedural Posture
Appeal (class 1) / Final Determination After Conciliation Conference
Outcome
Appeal upheld. Development consent granted subject to conditions.
Legal Topics
Development Application, Subdivision, Zoning, Environmental Planning, Conciliation Conference
Planning and Environment Law Development Application Subdivision Zoning Environmental Planning Conciliation Conference

Case Brief

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Parties

UPG 94 Pty Ltd

Applicant

Liverpool City Council

Respondent

Procedural Posture

Appeal (class 1) / Final Determination After Conciliation Conference

Legal Issues

  1. 1 Whether development consent should be granted for the proposed subdivision, dewatering, and associated works under applicable planning legislation.
  2. 2 Whether the jurisdictional prerequisites for granting consent have been satisfied, including zoning, lot size, public utility infrastructure, contamination, and water catchment requirements.

Ratio Decidendi

The jurisdictional prerequisites for granting development consent under the Environmental Planning and Assessment Act 1979 and the State Environmental Planning Policies are satisfied. The agreement reached by the parties at the s 34 conciliation conference is a decision the Court could have made in the proper exercise of its functions and should be adopted under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld. Development consent granted subject to conditions.

Orders

  • The Appeal is upheld.
  • Development consent is granted to Development Application No. DA-469/2022, as amended, for dam dewatering, subdivision into 36 residential lots, one superlot, and one residue lot, and associated works, subject to conditions at Annexure A.