McLeod v Liverpool City Council [2023] NSWLEC 1230

Land and Environment Court New South Wales

Medium Neutral Citation: McLeod v Liverpool City Council [2023] NSWLEC 1230 Hearing dates: Conciliation conference on 14 March 2023 Date of orders: 16 May 2023 Decision date: 16 May 2023 Jurisdiction: Class 1 Before: Harding AC Decision: The Court orders: (1) The Applicant to pay the Respondent's costs thrown away as a result of the amendments made as agreed or assessed, in accordance with section 8.15(3) of the Environmental Planning and Assessment Act 1979. (2) The appeal is upheld. (3) Development Application No. DA-817/2021 for demolition of the existing structures and Torrens Title subdivision to create 36 residential lots with integrated housing comprising a mix of detached and semi-attached dwellings, associated road construction, landscaping and civil works at 171-175 Fourteenth Avenue, Austral is determined by a grant of consent subject to conditions contained in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – integrated housing – subdivision – amended plans – conciliation conference – agreement between the parties – orders Legislation Cited: Biodiversity Conservation Act 2016, Pt 8cl 2.6(2) 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, ChH 2, sscl 2.6, 2.10. State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Precincts—Western Parkland City) 2021, Appendix 4, sscll 2.3, 4.1AF, 5.9, 5.10, 6.1. State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy Amendment (Water Catchments) 2022 Water Management Act 2000. Category: Principal judgment Parties: Alexander Daniel McLeod (Applicant) Liverpool City Council (Respondent) Representation: Counsel: M Sonter (Solicitor)(Applicant) C Campbell (Solicitor)(Respondent)