UPG 204 Pty Ltd v Liverpool City Council [2023] NSWLEC 1254

Land and Environment Court New South Wales

Medium Neutral Citation: UPG 204 Pty Ltd v Liverpool City Council [2023] NSWLEC 1254 Hearing dates: Conciliation conference on 14 April, 19 April and 24 April 2023 Date of orders: 24 May 2023 Decision date: 24 May 2023 Jurisdiction: Class 1 Before: Washington AC Decision: The Court orders: (1) Leave is granted to the Applicant to rely upon the amended material listed in Annexure A. (2) The appeal is upheld. (3) Development consent is granted to Development Application No. DA-1310/2021, for the demolition of existing structures, tree removal, site remediation and the proposed Torrens title subdivision of land into 12 lots comprising 10 residential lots, 1 residue lot and 1 superlot, construction of a public road, stormwater drainage and other associated site works on land legally described as Lot 882 in DP2475 and known as 85 Ninth Avenue, Austral NSW 2179, subject to the conditions at Annexure B. Catchwords: DEVELOPMENT APPLICATION – Torrens title subdivision – 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 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 2 State Environmental Planning Policy (Precincts – Western Parkland City) 2020,1 s 1.4, Appendix 4, ss 2.6, 2.7, Pt 4, 4.1, 4,1AA, 5.9, 6.1 State Environmental Planning Policy (Resilience and Hazards) 2021, cls 4.6 The State Environmental Planning Policy (Sydney Region Growth Centres) 2006 Category: Principal judgment Parties: UPG 204 Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: E Fleming (solicitor) (Applicant) C Campbell (solicitor) (Respondent)