Event and Time
Event Description
The case involves an appeal from the Liverpool City Council’s deemed refusal of Development Application No DA-458/2022. The application sought consent for the subdivision of land into four super lots, including public infrastructure works, tree removal, stormwater drainage, and related site activities located at 164 and 170 Croatia Avenue, Edmondson Park NSW 2174. Following the submission of an amended application and a conciliation conference, the Court granted deferred development consent to the application, subject to specified conditions.
Application and Claims
- Applicant: Raj and Jai Constructions Pty Ltd, with consent from the landowner Super Star Holding Group Pty Ltd.
- Claims:
- The applicant claims that the amended Development Application (DA) satisfies all relevant provisions and conditions for development consent under the Environmental Planning and Assessment Act 1979 (EPA Act) and other applicable planning legislation. - The development aims to subdivide the land in compliance with an earlier concept plan (DA-33/2021) approved by the Regional Planning Panel on 20 September 2022.
Judicial Decisions
- The appeal was upheld.
- The development application was granted deferred development consent, subject to conditions outlined in Annexure A.
Dispute Points and Legal Basis
Dispute Points
- Applicant's Arguments:
- The amended DA complies with all relevant planning provisions, including zoning laws and minimum lot sizes. - The appeal was filed correctly under the Environmental Planning and Assessment Act and all jurisdictional requirements were fulfilled.
- Council's Position:
- Initial concerns raised in the Statement of Facts and Contentions related to the consistency of the DA with the conditions set forth by the concept development plan were addressed by the applicant's amendments. - One contention regarding potential inconsistencies with the approved conditions of the concept plan was noted but ultimately resolved.