UPG 245 Pty Ltd v Liverpool City Council [2023] NSWLEC 1183

Land and Environment Court New South Wales

Medium Neutral Citation: UPG 245 Pty Ltd v Liverpool City Council [2023] NSWLEC 1183 Hearing dates: Conciliation conference on 6 April 2023 Date of orders: 19 April 2023 Decision date: 19 April 2023 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The Applicant is to pay the Council's costs thrown away pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 in the agreed sum of $3,000. (2) The appeal is upheld. (3) Development Application No DA-470/2022, for the subdivision of Lot 22 in Deposited Plan 1286912 and the Torrens Title subdivision of 21 residential lots, construction of twelve (12) dwellings (in 6 semi-detached built forms), and one (1) residue super-lot set aside for future development, site remediation, dam demolition and de-watering, construction of roads, tree removal and associated civil works, over two (2) stages, on land legally described as Lot 22 in DP 1286912 (formally Lot 2 in DP 201643) and known as 140 Sixth Avenue, Austral, NSW, 2179, is determined by the grant of consent subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – Torrens Title subdivision of land, construction of dwellings and site works – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Environmental Planning and Assessment Regulation 2021, s 37 Land and Environment Court Act 1979, ss 34, 39 State Environmental Planning Policy (Biodiversity and Conservation) 2021 s 6.65, Ch 9, Pt 9.2 State Environmental Planning Policy (Precincts-Western Parkland City) 2021, Appendix 4, ss 2.6, 4.1AD, 5.3, 4.1 B, 4.6, 5.3, 6.1 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Cases Cited: Cumming v Cumberland Council (No 2) [2021] NSWLEC 117 Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Woollahra Development Control Plan 2015 Category: Principal judgment Parties: UPG 245 Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: E Fleming (Solicitor) (Applicant) L Sims (Respondent)