UPG 94 Pty Ltd v Liverpool City Council [2023] NSWLEC 1336

Land and Environment Court New South Wales

Medium Neutral Citation: UPG 94 Pty Ltd v Liverpool City Council [2023] NSWLEC 1336 Hearing dates: Conciliation conference on 9 June 2023 Date of orders: 04 July 2023 Decision date: 04 July 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-709/2022, as amended, for the staged subdivision of an existing allotment into a Torrens Title subdivision including 60 residential lots, construction of roads, tree removal and related civil works on the western 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 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6 cl 6.65, Ch 9, Pt 9.2 cll 9.3, 9.4, 9.5 State Environmental Planning Policy (Precincts – Western Parkland City) 2021, Appendix 4 ss 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, Ch 6 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)