Orchard Ozland Pty Ltd v Liverpool City Council [2022] NSWLEC 1510

Land and Environment Court New South Wales

Medium Neutral Citation: Orchard Ozland Pty Ltd v Liverpool City Council [2022] NSWLEC 1510 Hearing dates: Conciliation conference on 15 August 2022 Date of orders: 20 September 2022 Decision date: 20 September 2022 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is upheld. (2) Development Application No. 1034/2021, as amended, for demolition of existing structures, excluding existing dwelling, and Torrens Title subdivision to create 26 residential lots and one residue lot containing the existing dwelling, with associated road construction, landscaping, tree removal, earthworks, temporary OSD basin and civil works, over seven stages, at 265, 273 and 283 Twelfth Avenue, and 230 and 240 Thirteenth Avenue, Austral, is determined by the grant of consent, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – residential subdivision – conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Land and Environment Court Act 1979, s 34 Rural Fires Act 1997, s 100B Environmental Planning and Assessment Regulation 2021, cl 3, Sch 6 Environmental Planning and Assessment Regulation 2000, cl 55 State Environmental Planning Policy (Biodiversity and Conservation) 2021, cll 9.4, 9.5 State Environmental Planning Policy No 55 – Remediation of Land State Environmental Planning Policy (Precincts – Western Parkland City) 2021 cll 2.6, 2.7, 3.9, 5.9, 6.1 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 State Environmental Planning Policy (Sydney Growth Centres) 2006, cll 6C, 7 Sydney Regional Environmental Plan No 20—Hawkesbury-Nepean River (No 2—1997) Category: Principal judgment Parties: Orchard Ozland Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: M Sonter (Solicitor) (Applicant) R O'Gorman-Hughes (Respondent)