Austral North Nominees Pty Ltd v Liverpool City Council [2022] NSWLEC 1143

Land and Environment Court New South Wales

Medium Neutral Citation: Austral North Nominees Pty Ltd v Liverpool City Council [2022] NSWLEC 1143 Hearing dates: Conciliation conference held on 7 February 2022 Date of orders: 23 March 2022 Decision date: 23 March 2022 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders: (1) The Appeal is upheld. (2) That development consent is granted to Development Application 922/2021, subject to conditions contained in Annexure 'A' hereto to the development application for subdivision of Lot A in DP373652 and Lot 217 in DP2475 to create 51 residential lots and associated works being: (a) demolition of all existing structures and improvements; (b) removal of all vegetation including trees; (c) construction of roads, drainage, and utility infrastructure; and (d) associated street landscaping works. Catchwords: DEVELOPMENT APPLICATION – Torrens title subdivision – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.14, 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cll 49, 55 Environmental Planning and Assessment Regulation 2021, Sch 6 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021 State Environmental Planning Policy (Precincts—Western Parkland City) 2021 State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 4 Texts Cited: Liverpool Growth Centre Precincts Development Control Plan 2021 Category: Principal judgment Parties: Austral North Nominees Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: W Wilcher (Applicant) M Seymour (Respondent)