Event and Time
Event Description
- This case involves a development application (No. DA-1310/2021) submitted to the Liverpool City Council regarding the demolition of existing structures, tree removal, site remediation, and a proposed Torrens title subdivision of land into 12 lots (10 residential lots, 1 residue lot, and 1 superlot) at 85 Ninth Avenue, Austral, NSW.
Application and Claims
- The Applicant sought judicial review following the deemed refusal of the development application by the Council.
- The application was made under s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act).
- A conciliation conference, held on 14 April 2023, resulted in an agreement between the parties regarding the terms of the decision.
Judicial Decisions
- The court upheld the appeal and granted development consent with specified conditions, as detailed in Annexure B.
- The court recognized the jurisdictional prerequisites relevant to the application, highlighting the agreement reached between the parties.
Dispute Points and Legal Basis
Dispute Points
- Applicant's Position:
- Claims compliance with relevant environmental planning policies and zoning regulations. - Emphasizes that no objections were submitted during the notified period and provides supporting architectural and environmental reports.
- Respondent's Position:
- Initially deemed the application refused, potentially expressing concerns over compliance with zoning or environmental impact considerations. - However, during the conciliation conference, the council consented to the amended application leading to the final court decision.
- Third Parties:
- Potential community concerns regarding the environmental impact of tree removal and overall development on local infrastructure.