Tribeca Residential Communities No. 5 Pty Ltd v Liverpool City Council [2023] NSWLEC 1148

Land and Environment Court New South Wales

Medium Neutral Citation: Tribeca Residential Communities No. 5 Pty Ltd v Liverpool City Council [2023] NSWLEC 1148 Hearing dates: Conciliation conference on 30 March 2023 Date of orders: 30 March 2023 Decision date: 30 March 2023 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The Appeal is upheld. (2) Development Application for construction of 88 lots, including one residue lot, incorporating the construction of 86 dwellings, including 81 attached dwellings, four semi-detached dwellings, one secondary dwelling, and subsequent strata subdivision with road construction, civil works and associated landscaping and street tree planting at the subject site described as Super-Lot 1 and Super-Lot 2 as approved by DA-400/2018, known as 1382 & 1402 Camden Valley Way, Leppington is approved subject to the conditions set out in Annexure A. Catchwords: APPEAL – development application – Torrens title subdivision and construction of dwellings and roads – 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, Sch 1, cl 55 Land and Environment Court Act 1979, s 34 Rural Fires Act 1997 s 100B State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, ss 6.65, s 9.3 State Environmental Planning Policy (Precincts—Western Parkland City) 2021 Appendix 4 cll 2.6, 4.1AA, 4.1AB, 4.1AF, 5.10, 6.1 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.48, 2.77, 2.119 Category: Principal judgment Parties: Tribeca Residential Communities No. 5 Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: P Lalich (Solicitor) (Applicant) C Campbell (Solicitor) (Respondent)