UPG 222 Pty Ltd v Liverpool City Council [2023] NSWLEC 1267

Land and Environment Court New South Wales

Medium Neutral Citation: UPG 222 Pty Ltd v Liverpool City Council [2023] NSWLEC 1267 Hearing dates: Conciliation conference 17 April 2023 Date of orders: 1 June 2023 Decision date: 01 June 2023 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The Court grants the Applicant leave to amend Development Application No DA-930/2022 in accordance with the following amended documents described below: Title Prepared by Date 1 Arboriginal Due Diligence Assessment Apex Archaeology 18 December 2022 2 Demolition Noise & Vibration Management Plan Acoustic Dynamics 10 February 2023 3 Amended Demolition Work Plan The Batha Group April 2023

(2) The appeal is upheld. (3) Development consent is granted to Development Application No. DA-930/2022, for the demolition of existing structures on land legally described as Lot 689 in DP 2475 and known as 70 Thirteenth Avenue, Austral, NSW, 2179, subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION: Demolition – agreement between the parties – orders made. Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.2, 4.15, 8.7 Environmental Planning and Assessment Regulation 2021 s 23 Land and Environment Court Act 1979 s 34 State Environmental Planning Policy (Precincts – Western Parkland City) 2021 appendix 4 s 2.7 (2.3) State Environmental Planning Policy (Resilience and Hazards) 2021 s 4.6 Texts Cited: Liverpool Community Participation Plan 2019 Category: Principal judgment Parties: UPG 222 Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: E Fleming, solicitor (Applicant) C Campbell, solicitor (Respondent)