The Hub Austral Pty Ltd v Liverpool City Council [2023] NSWLEC 1078

Land and Environment Court New South Wales

Medium Neutral Citation: The Hub Austral Pty Ltd v Liverpool City Council [2023] NSWLEC 1078 Hearing dates: Conciliation conference 14 November 2022 Date of orders: 21 February 2023 Decision date: 21 February 2023 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The appeal is upheld. (2) Development application DA-558/2022, as amended, for a subdivision into 23 Torrens Title lots including demolition of all existing structures, site remediation, removal of trees, earthworks, construction of new roads, drainage and provision of services at 325 Fifteenth Avenue, Austral, is determined by the grant of consent subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 9, ss 9.3, 9.4, 9.5 State Environmental Planning Policy (Precincts—Western Parkland City) 2021, Appendix 4, ss 2.6, 2.7, 4.1AA, 4.1B, 5.1, 6.1 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.118 Texts Cited: Liverpool Growth Centre Precincts Development Control Plan 2012 Category: Principal judgment Parties: The Hub Austral Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: M Sonter (Solicitor) (Applicant) C Campbell (Solicitor) (Respondent)