UPG 94 Pty Ltd v Liverpool City Council [2023] NSWLEC 1335

Land and Environment Court New South Wales

Medium Neutral Citation: UPG 94 Pty Ltd v Liverpool City Council [2023] NSWLEC 1335 Hearing dates: Conciliation conference on 9 June 2023 Date of orders: 30 June 2023 Decision date: 30 June 2023 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders that: (1) The Appeal is upheld. (2) Development consent is granted to Development Application No. DA-469/2022, as amended, for dam dewatering, subdivision of the existing allotments into a Torrens title subdivision of 36 residential lots, one (1) superlot, and one (1) residue lot, construction of roads and associated civil works on the eastern part of land legally described as Lot 131 and Lot 132 in DP879822 and known as 26 and 28 Kelly Street, Austral, NSW, 2179, subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Land and Environment Court Act 1979, s 34State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6 s 6.65, Ch 9, Pt 9.2 ss 9.3, 9.4 Sydney Regional Environmental Plan No 20— Hawkesbury-Nepean River (No 2—1997) State Environmental Planning Policy (Precincts – Western Parkland City) 2021, Appendix 4 cll 2.3, 2.6, 4.1AA, 4.1AB, 4.1B, 6.1 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy Amendment (Water Catchments) 2022 Texts Cited: Liverpool Community Participation Plan 2019 Category: Principal judgment Parties: UPG 94 Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: J Smith (Applicant) C Campbell (Solicitor) (Respondent) Solicitors: Macpherson Kelley (Applicant) Liverpool City Council (Respondent) File Number(s): 2022/277793 Publication restriction: No