Limousin No. 1 Estate Pty Ltd v Liverpool City Council [2022] NSWLEC 1173

Land and Environment Court New South Wales

Medium Neutral Citation: Limousin No. 1 Estate Pty Ltd v Liverpool City Council [2022] NSWLEC 1173 Hearing dates: 22-23 February 2022 Date of orders: 07 April 2022 Decision date: 07 April 2022 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is dismissed. (2) Development consent for Development Application No DA-36/2021 for demolition of existing structures , site remediation, subdivision of existing allotment into a Torrens title subdivision of 39 residential lots and construction of 39 dwellings with 7 secondary dwellings and construction of roads and associated civil works at 45 Ninth Avenue, Austral is refused. (3) All Exhibits are returned, except for Exhibits A and B. Catchwords: DEVELOPMENT APPLICATION – subdivision of land – whether easement may be granted – provision of easement – likely impacts of development Legislation Cited: Conveyancing Act 1919 s 88K Environmental Planning and Assessment Act 1979 ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000 cl 55 Land and Environment Court Act 1979 ss 39, 40 State Environmental Planning Policy (Sydney Region Growth Centres) 2006 cl 2.3 Sydney Regional Environmental Plan No 20—Hawkesbury-Nepean River 1997 Cases Cited: Australian Protein Recyclers Pty Limited v Goulburn Mulwaree Shire Council [2006] NSWLEC 641 Ballina Shire Council v Palm Lake Works Pty Ltd [2020] NSWLEC 41 Huntington & MacGillivray v Hurstville City Council (No 2) (2005) 139 LGERA 84; [2005] NSWLEC 155 Texts Cited: Land and Environment Court of New South Wales, Practice Note Class 1 Development Appeals, (April 2018) Liverpool Growth Centre Precincts Development Control Plan 2021 Category: Principal judgment Parties: Limousin No.1 Estate Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: A Perkins (Solicitor) (Applicant) A Pearman (Respondent)