VCross Development Management Pty Ltd v Liverpool City Council [2019] NSWLEC 1606

VCross Development Management Pty Ltd v Liverpool City Council [2019] NSWLEC 1606

The parties agreed to grant development consent to the amended proposal, and the Court was satisfied that the decision is one it could make properly in exercise of its functions under s 34(3) of the LEC Act; therefore, the appeal is upheld and consent is granted subject to conditions.

Parties
Applicant: VCross Development Management Pty Ltd; Respondent: Liverpool City Council
Jurisdiction
Australia
Judgment Date
10 December 2019
Procedural Posture
Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 / Post Conciliation Conference, Final Orders
Outcome
Appeal upheld. Development consent granted subject to conditions.
Legal Topics
Development Application, Subdivision, Multi Dwelling Housing, Neighbourhood Shops, Conciliation Conference, Development Consent Conditions
Planning Law Environmental Law Development Application Subdivision Multi Dwelling Housing Neighbourhood Shops Conciliation Conference Development Consent Conditions

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 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

VCross Development Management Pty Ltd

Applicant

Liverpool City Council

Respondent

Procedural Posture

Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 / Post Conciliation Conference, Final Orders

Legal Issues

  1. 1 Whether development consent should be granted for the proposed subdivision and construction of residential and commercial premises at 250 and 260 Sixth Avenue, Liverpool

Ratio Decidendi

The parties agreed to grant development consent to the amended proposal, and the Court was satisfied that the decision is one it could make properly in exercise of its functions under s 34(3) of the LEC Act; therefore, the appeal is upheld and consent is granted subject to conditions.

Court Disposition

Appeal upheld. Development consent granted subject to conditions.

Orders

  • The applicant is granted leave to rely upon the amended plans and documentation listed.
  • The applicant is to pay the respondent's costs thrown away as a result of the amendment of the application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the agreed sum of $2,500.