Low Cost Housing No. 1 Pty Limited v Liverpool City Council [2022] NSWLEC 1433

Land and Environment Court New South Wales

Medium Neutral Citation: Low Cost Housing No. 1 Pty Limited v Liverpool City Council [2022] NSWLEC 1433 Hearing dates: Conciliation conference on 20 July 2022 Date of orders: 17 August 2022 Decision date: 17 August 2022 Jurisdiction: Class 1 Before: McEwen AC Decision: The Court orders that: (1) The appeal is upheld. (2) The applicant is to pay the respondent's costs thrown away in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the agreed amount of $12,000 within 28 days of the making of these orders. (3) Development consent is granted to development application DA-782-2021, as amended, for the demolition of existing structures, site remediation, Torrens title subdivision into 21 lots over two stages, associated tree removal, civil works and road construction at 180 Ninth Avenue, Austral, 113 Reaper Street, Austral and 190 Ninth Avenue, Austral subject to the conditions set out in 'Annexure A'. Catchwords: DEVELOPMENT APPLICATION – subdivision – conciliation conference – agreement between the parties - orders Legislation Cited: Biodiversity Conservation Act 2016, Pt 7 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.5, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Rural Fires Act 1997, s 100B Environmental Planning & Assessment Regulation 2000, cl 55 State Environmental Planning Policy (Precincts – Central River City) 2021, sch 15 item 1 State Environmental Planning Policy (Biodiversity and Conservation) 2021, cll 4, 5 State Environmental Planning Policy (Precincts – Western Parkland City) 2021 app 4, cll 1.3, 2.2, 2.3, 2.6, 2.7, 3.9, 3.26, 3.28-3.31, 4.1, 4.1AA, 4.1AB, 4.1B, 5.9, 5.10, 6.1, 6.2 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 State Environmental Planning Policy (Sydney Regional Growth Centres) 2006, cl 6C State Environmental Planning Policy (Transport and Infrastructure) 2021, cl 45 Category: Principal judgment Parties: Low Cost Housing No. 1 Pty Limited (Applicant) Liverpool City Council (Respondent) Representation: Counsel: J Farrell (Applicant) A Stafford (Respondent)