Austral Developers Pty Ltd v Liverpool City Council [2022] NSWLEC 1457

Land and Environment Court New South Wales

Medium Neutral Citation: Austral Developers Pty Ltd v Liverpool City Council [2022] NSWLEC 1457 Hearing dates: Conciliation conference on 23-24 August 2022 Date of orders: 02 September 2022 Decision date: 02 September 2022 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders: 1) The appeal is upheld. 2) Development Application (DA) 324/2020, as amended, seeks removal of trees, Torrens title subdivision into 31 residential lots and one residue lot, with associated drainage/earth/civil works to be undertaken over three stages on Lot 898 DP 2475, also known as 180 Ninth Avenue, Austral, and Lots 101 and 102 DP 1263643, also known as 190 Ninth Avenue, Austral is determined by grant of consent, subject to the conditions set out in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – Torrens title subdivision – significant trees – conciliation conference conciliation conference – agreement between the parties – orders Legislation Cited: Biodiversity Conservation Act 2016, Pt 8, s 8.4 Environmental Planning and Assessment Act 1979, ss 4.14, 4.15, 4.16, 4.47, 8.3, 8.7 Environmental Planning and Assessment Regulation 2000, cll 49, 55 Land and Environment Court Act 1979, s 34 Rural Fires Act 1997, s 100B State Environmental Planning Policy (Biodiversity and Conservation) 2021, cll 9.3, 9.4, 9.5 State Environmental Planning Policy (Sydney Region Growth Centres) 2006 State Environmental Planning Policy (Precincts—Western Parkland City) 2021, App 4, cl 2.3 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 Texts Cited: Liverpool Growth Centre Precincts Development Control Plan 2021 Category: Principal judgment Parties: Austral Developers Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: M Seymour (Applicant) A Stafford (Respondent)