Gurner Ave Industrial Pty Ltd v Liverpool City Council [2023] NSWLEC 1130

Land and Environment Court New South Wales

Medium Neutral Citation: Gurner Ave Industrial Pty Ltd v Liverpool City Council [2023] NSWLEC 1130 Hearing dates: Conciliation conference on 8 November 2022, 22 November 2022, 14 December 2022, 1 February 2023 and 8 February 2023 Date of orders: 24 March 2023 Decision date: 24 March 2023 Jurisdiction: Class 1 Before: Peatman AC Decision: The Court orders: (1) The appeal is upheld. (2) Modification Application No. DA-966/2020/A modifying Development Application DA-966/2020 by reducing the number of approved lots from 16 to 14, with subsequent amendments to the road and subdivision layout, stormwater infrastructure, and earthworks to lower the retaining walls on the western boundary, in relation to 140 Gurner Avenue, Austral NSW 2179 being Lot 17 in Deposited Plan 1210621, subject to conditions in Annexure A is approved. Catchwords: MODIFICATION APPLICATION – industrial subdivision – conciliation conference – agreement between the parties – orders Legislation Cited: Conveyancing Act 1919 s 88B Environmental Planning and Assessment Act 1979 ss 4.12, 4.55, 8.9, 8.10, 8.11 Environment and Planning Regulation 2021 ss 98, 113, 119 Land and Environment Court Act 1979 ss 17, 34 State Environmental Planning Policy (Precincts – Western Parkland City) 2021 Pt 2 ss 2.1, 2.6, 2.7; Pt 4 s 4.1; Pt 5 ss 5.7, 5.10; Pt 6; Appendix 4 State Environmental Planning Policy No. 55—Remediation of Land State Environmental Planning Policy (Resilience and Hazards) 2021 s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021 s 2.118 Cases Cited: Arrage v Inner West Council [2019] NSWLEC 85 Horseshoe Properties Pty Ltd v Tweed Shire Council [2021] NSWLEC 1507 Texts Cited: Liverpool City Council, Community Engagement Strategy, 2022 Liverpool Growth Centres Development Control Plan 2021 Category: Principal judgment Parties: Gurner Ave Industrial Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: E Whitney (Solicitor) (Applicant) C Campbell (Solicitor) (Respondent)