UPG 49 Pty Ltd v Liverpool City Council [2023] NSWLEC 1037

Land and Environment Court New South Wales

Medium Neutral Citation: UPG 49 Pty Ltd v Liverpool City Council [2023] NSWLEC 1037 Hearing dates: Conciliation Conference on 15 September 2022 Date of orders: 2 February 2023 Decision date: 02 February 2023 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The Court grants the Applicant leave to amend Development Application No. DA-1311/2021 in accordance with the amended plans and documents described in Annexure A. (2) The Appeal is upheld. (3) Development consent is granted to Development Application No. DA-1311/2021, for the subdivision of land creating twenty (20) Torrens title lots and the construction of twenty (20) two-storey dwellings, three (3) two-storey detached secondary dwellings, demolition of existing structures and construction of public roads, tree removal, landscaping and civil works on land legally described as Lot 1 in DP215195 known as 40 Old Glenfield Road, Casula NSW 2170, Lot 2 in DP1162379 known as 19-21 Streeton Place, Casula NSW 2170 and Lot 1 in DP1162379 known as 50-60 Glenfield Road, Casula NSW, subject to the conditions at Annexure B. Catchwords: APPEAL – development application – subdivision of land – construction of dwellings – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cll 55, Sch 1 Environmental Planning and Assessment Regulation 2021 Land and Environment Court Act 1979, s 34 Liverpool Local Environmental Plan 2008, cll 2.6, 7.31 State Environmental Planning Policy (Biodiversity and Conservation) 2021, s 6.65, Ch 11 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.119 Category: Principal judgment Parties: UPG 49 Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: J Reid (Applicant) L Zumot (Solicitor) (Respondent)