IPD 3 Austral Pty Ltd v Liverpool City Council [2023] NSWLEC 1227

Land and Environment Court New South Wales

Medium Neutral Citation: IPD 3 Austral Pty Ltd v Liverpool City Council [2023] NSWLEC 1227 Hearing dates: Conciliation conference on 11 and 13 April 2023 Date of orders: 16 May 2023 Decision date: 16 May 2023 Jurisdiction: Class 1 Before: Harding AC Decision: The Court orders: (1) The Appeal is upheld. (2) Development Application No. DA 353/2021, as amended, for demolition of all existing structures on site and Torrens Title subdivision into 30 residential allotments and 4 residue lots and 1 lot for future acquisition, over two stages with the creation of new roads, construction of temporary basins and allocation of infrastructure and services at DP 57438 Cnr Lot 3, 460 Fourth Avenue, Austral, is determined by the grant of development consent, subject to the conditions set out in Annexure "A". Catchwords: DEVELOPMENT APPLICATION – Torrens Title Subdivision – amended plans – conciliation conference – agreement between the parties – orders Legislation Cited: Biodiversity Conservation Act 2016, Pt 8 Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Land and Environment Court Act 1979, s 34 Rural Fires Act 1997, s 100B State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 2.6, 9.5 State Environmental Planning Policy (Precincts—Western Parkland City) 2021, Appendix 4, ss 1.2, 2.2, 4.1AA, 4.1A, 4.1AB, 4.1B, 5.9, 5.10, 6.1 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sydney Regional Growth Centres) 2006 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.119 State Environmental Planning Policy Amendment (Water Catchments) 2022 Category: Principal judgment Parties: IPD 3 Austral Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: M Sonter (Solicitor) (Applicant) C Campbell (Solicitor) (Respondent)