Limousin Developments Pty Ltd v Liverpool City Council [2022] NSWLEC 1183

Land and Environment Court New South Wales

Medium Neutral Citation: Limousin Developments Pty Ltd v Liverpool City Council [2022] NSWLEC 1183 Hearing dates: Conciliation conference held on 24 March 2022 Date of orders: 07 April 2022 Decision date: 07 April 2022 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders: (1) The Appeal is upheld. (2) Development Application No. DA 125/2021, as amended, for the demolition of existing structures, site remediation, and Torrens Title subdivision into 27 lots including 9 integrated lots, and construction of roads and associated civil works over 2 stages on Lot 935 DP 2475 being 209-215 Eighth Avenue, Austral, with stormwater drainage works on Lot 2 DP 1242822 and Lot 933 DP 2475 known, respectively as 205 Eighth Avenue and 195 Eighth Avenue, Austral is determined by grant of consent, subject to conditions set out in Annexure A. 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 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Pts 9.2, 9.3 State Environmental Planning Policy (Precincts—Western Parkland City) 2021 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6, Ch 4 Texts Cited: Liverpool Growth Centre Precincts Development Control Plan 2021 Category: Principal judgment Parties: Limousin Developments Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: A Perkins (Solicitor) (Applicant) S Berveling (Respondent)