DKB Group Pty Ltd v Liverpool City Council [2022] NSWLEC 1175

Land and Environment Court New South Wales

Medium Neutral Citation: DKB Group Pty Ltd v Liverpool City Council [2022] NSWLEC 1175 Hearing dates: Conciliation conference on 28 February 2022 Date of orders: 4 April 2022 Decision date: 04 April 2022 Jurisdiction: Class 1 Before: Harding AC Decision: The Court Orders: (1) The Appeal is upheld. (2) Development Consent is granted to Development Application No. DA-419/2020 (as amended) for the Torrens Title subdivision of two lots into three (3) lots, the construction of two (2) dwellings and the alteration of the existing dwelling at 122-124 Graham Avenue, Lurnea, subject to the conditions set out in Annexure "A" to this agreement. Catchwords: DEVELOPMENT APPLICATION – Torrens Title subdivision - dwelling houses - amended plans – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Greater Metropolitan Regional Environmental Plan No. 2 – Georges River Catchment, cl 7 Land and Environment Court Act 1979, s 34 Liverpool Local Environmental Plan 2008, cll 2.3, 4.1, 4.3, 4.4 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy 55—Remediation of Land, cl 7 State Environmental Planning Policy (Infrastructure) 2007, cl 102 Category: Principal judgment Parties: DKB Group Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: C Gough (Solicitor)(Applicant) R O'Gorman Hughes (Barrister)(Respondent)