UPG 217 Pty Ltd v Liverpool City Council [2023] NSWLEC 1296

Land and Environment Court New South Wales

Medium Neutral Citation: UPG 217 Pty Ltd v Liverpool City Council [2023] NSWLEC 1296 Hearing dates: Conciliation conference on 19 April 2023 and 23 May 2023 Date of orders: 14 June 2023 Decision date: 14 June 2023 Jurisdiction: Class 1 Before: Washington AC Decision: The Court orders: (1) The Applicant's written section 4.6 request dated 23 May 2023 to vary section 4.1B of Appendix 4 of the State Environmental Planning Policy (Precincts-Western Parkland City) 2021 is upheld. (2) The appeal is upheld. (3) Development consent is granted to development application No DA-1312/2021, as amended, for the demolition of existing structures, site remediation, and the proposed Torrens title subdivision of an existing allotment into two super lots, drainage works and associated civil works on land legally described as Lot 834 in DP 2475 and known as 75-79 Tenth Avenue, Austral, NSW, 2179, and land legally described as Lot 199 in DP1284975 and known as 80-90 Eleventh Avenue, Austral, NSW, 2179, subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – Section 4.6 request to vary minimum dwelling density development standard – subdivision – 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 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) 2021, s 1.4, Appendix 4, ss 2.6, 2.7, 4.1, 4.1AB, 4.1B, 4.6, 5.9, 6.1 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sydney Region Growth Centres) 2006 Texts Cited: Liverpool Community Participation Plan 2019 Category: Principal judgment Parties: UPG 217 Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: J Reid (Applicant) L Nurpuri (Respondent)