QC Austral 50 Eleventh Pty Ltd v Liverpool City Council [2022] NSWLEC 1369

Land and Environment Court New South Wales

Medium Neutral Citation: QC Austral 50 Eleventh Pty Ltd v Liverpool City Council [2022] NSWLEC 1369 Hearing dates: Conciliation conference 7 July 2022 Date of orders: 13 July 2022 Decision date: 13 July 2022 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The clause 4.6 request seeking contravention of cl 4.1B of Appendix 8 to State Environmental Planning Policy (Sydney Region Growth Centres) 2006 prepared by Craig and Rhodes and dated July 2022 is upheld. (2) The appeal is upheld. (3) Development application DA-1303/2021 for alterations and additions to the existing dwelling and a two lot Torrens Title subdivision at 42-50 Eleventh Avenue, Austral being Lot 821 in Deposited Plan 2475 is determined by the grant of consent subject to the conditions at annexure "A". Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, Land and Environment Court Act 1979, s 34 Rural Fires Act 1997, s 100B State Environmental Planning Policy (Precincts-Western Parkland City) 2021, cl 3.9 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sydney Region Growth Centres) 2006, cll 2.3, 2.6, 4.1B, 4.6, 6.1, 6C, 6.3 Cases Cited: Baron Corporation Pty Limited v Council of the City of Sydney (2019) 243 LGERA 338; [2019] NSWLEC 61 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Liverpool Growth Centre Precincts Development Control Plan 2012 Category: Principal judgment Parties: QC Austral 50 Eleventh Pty Ltd (First Applicant) Liverpool City Council (Respondent) Representation: Counsel: J Farrell (Applicant) R O'Gorman Hughes (Respondent)