The Orchard Ozland Austral Pty Ltd v Liverpool City Council [2022] NSWLEC 1679

Land and Environment Court New South Wales

Medium Neutral Citation: The Orchard Ozland Austral Pty Ltd v Liverpool City Council [2022] NSWLEC 1679 Hearing dates: Conciliation conference held on 16 November 2022 Date of orders: 06 December 2022 Decision date: 06 December 2022 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders: (1) The appeal is upheld. (2) Development Application DA-115/2022, as amended, for a staged development to retain the existing dwelling and create a residue lot for further subdivision into 22 Torrens title lots including demolition of some of the existing structures, removal of trees, earthworks, construction of new roads, drainage and provision of services at Lot 724 on DP 2475, also known as 283 Twelfth Avenue, Austral, and also relies on civil works on Lot 723 DP 2475, also known as 273 Twelfth Avenue, Austral, is determined by the grant of consent, subject to the conditions in 'Annexure A'. Catchwords: DEVELOPMENT APPLICATION – Torrens title subdivision – conciliation conference conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.14, 4.15, 4.16, 4.47, 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, Ch 9 State Environmental Planning Policy (Precincts – Western Parkland City) 2021, Appendix 4 cl 2.2 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Texts Cited: Austral & Leppington North Precinct Development Control Plan 2014 Category: Principal judgment Parties: The Orchard Ozland Austral Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: M Sonter (Solicitor) (Applicant) C Campbell (Solicitor) (Respondent)