Event and Time
Event Description
An appeal was made to the Land and Environment Court by the Applicant against Liverpool City Council’s deemed refusal of Development Application No DA-930/2022. The application sought consent for the demolition of existing structures at 70 Thirteenth Avenue, Austral, NSW.
Application and Claims
- The Applicant sought leave to amend the Development Application based on newly prepared documentation.
- The appeal was predicated upon the contention that the council's deemed refusal was inappropriate given the supporting assessments.
Judicial Decisions
- The Court granted leave for the Applicant to amend the Development Application with specified documents.
- The appeal was upheld.
- Development consent was granted for the demolition, subject to specific conditions outlined in Annexure A.
Dispute Points and Legal Basis
Dispute Points
- Applicant's Claims:
- Argued that the council's refusal was unjustified. - Submitted that the Site met all necessary requirements, including environmental assessments.
- Council's Position:
- Initially deemed refusal based on compliance concerns and lack of required assessments.
- Evidence and Reasoning:
- The Applicant presented an Arboriginal Due Diligence Assessment, Demolition Noise & Vibration Management Plan, and an Amended Demolition Work Plan. - The Court assessed the suitability of the land for demolition works and the consistency with zoning regulations.