Universal Property Group Pty Ltd v Liverpool City Council [2023] NSWLEC 1096

Land and Environment Court New South Wales

Medium Neutral Citation: Universal Property Group Pty Ltd v Liverpool City Council [2023] NSWLEC 1096 Hearing dates: Conciliation conference on 2 March 2023 Date of orders: 2 March 2023 Decision date: 02 March 2023 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The Appeal is upheld. (2) Development consent is granted to Development Application No. DA-1333/2021, as amended, for the demolition of existing structures, tree removal, and the Torrens title subdivision of four (4) existing allotments into 119 Torrens Title lots comprised of 117 residential allotments, 1 residue allotment for an existing overhead powerlines easement and 1 residue allotment for future road widening, with construction of roads and associated civil and engineering works over two stages, on land legally described as Lot 377, Lot 378, Lot 379, and Lot 380 in DP2475 and known as 505-535 Fifteenth Avenue, Austral, NSW, 2179, subject to the conditions at Annexure A. Catchwords: APPEAL – development application – Torrens title subdivision – conciliation conference – agreement reached – orders made Legislation Cited: Biodiversity Conservation Act 2016, Pt 8 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Environmental Planning and Assessment Regulation 2021 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021, cl 2.6 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48 Western Parkland City) 2021 Appendix 4 cll 2.6, 4.1AA, 4.1AB, 4.1AD, 5.10, 6.1 Category: Principal judgment Parties: Universal Property Group Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: J Smith (Applicant) C Campbell (Solicitor) (Respondent)