Event and Time
Event Description
- Type: Development Application Case
- Date of Decision: [Not specifically provided but references conciliation conference held on 19 April 2023 and a written section 4.6 request dated 23 May 2023.]
- Location: 75-79 Tenth Avenue, Austral, NSW, and 80-90 Eleventh Avenue, Austral, NSW.
Application and Claims
- Applicant: Universal Property Group Pty Ltd
- Respondent: Liverpool City Council
- Development Application No: DA-1312/2021
- Claims: Seeking development consent for:
- Demolition of existing structures - Site remediation - Torrens title subdivision into two super lots - Associated civil works
Judicial Decisions
- Decision by Commissioner:
1. Upheld the Applicant’s written section 4.6 request to vary a minimum dwelling density development standard. 2. Upheld the appeal. 3. Granted development consent to the development application, subject to specified conditions.
Dispute Points and Legal Basis
Dispute Points
- Applicant's Arguments:
- Compliance with relevant planning standards despite initial non-compliance regarding minimum residential density. - The proposal meets objectives of R3 Medium Density Residential Zone. - Non-compliance with density does not create adverse impacts and is in the public interest. - Demonstrated sufficient environmental planning grounds for variance request under section 4.6.
- Respondent's Position:
- Initially deemed refusal based on development plan standards. - Concerned about adherence to minimum lot size and density as per the relevant planning policies.