UPG 148 Pty Ltd v Liverpool City Council [2023] NSWLEC 1247

Land and Environment Court New South Wales

Medium Neutral Citation: UPG 148 Pty Ltd v Liverpool City Council [2023] NSWLEC 1247 Hearing dates: Conciliation conference on 14 October, 25 November and 9 December 2022 Date of orders: 23 May 2023 Decision date: 23 May 2023 Jurisdiction: Class 1 Before: Sheridan AC Decision: The Court Orders that: (1) The Applicant is to pay the Respondent's costs thrown away as a result of the amended application in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or as assessed. (2) The appeal is upheld. (3) Development consent is granted to Development Application No. DA-1460/2021, for the demolition of existing structures and subdivision of land into 34 Torrens title lots (comprising 33 residential lots and 1 residue lot), provision of services, bulk earthworks, construction of roads and civil works on land legally described as Lot 320 in DP778465 and known as 124 Gurner Avenue, Austral NSW 2179, subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION ––subdivision - conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Interpretation Act 1987, s 30A Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 9, ss 9.2, 9.3 State Environmental Planning Policy (Precincts—Western Parkland City) 2021, cl 1.4, Appendix 4, ss 2.6, 4.1AB, 4.1B State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4, s 4.6 State Environmental Planning Policy (Sydney Region Growth Centres) 2006 State Environmental Planning Policy (Transport and Infrastructure) 2021 Category: Principal judgment Parties: UPG 148 Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: J Smith (Applicant) C Campbell (Solicitor) (Respondent)