Raj & Jai Construction Pty Ltd v Liverpool City Council [2023] NSWLEC 1422

Land and Environment Court New South Wales

Medium Neutral Citation: Raj & Jai Construction Pty Ltd v Liverpool City Council [2023] NSWLEC 1422 Hearing dates: Conciliation conference on 17 July 2023 Date of orders: 3 August 2023 Decision date: 03 August 2023 Jurisdiction: Class 1 Before: Kullen AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application DA-458/2022 for the subdivision of land into four super lots including construction of public roads, tree removal, stormwater drainage and associated site works on land legally described as Lot 25 and Lot 26 in DP228850 and known as 164 and 170 Croatia Avenue, Edmondson Park NSW 2174, is determined by the grant of deferred development consent, subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPEAL – conciliation conference – agreement between the parties – deferred development consent – orders Legislation Cited: Biodiversity Conservation Act 2016, Pt 8, s 8.4 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.24, 8.7 Environmental Planning and Assessment Regulation 2021, s 38 Land and Environment Court Act 1979, s 34 Liverpool Local Environmental Plan 2008, cll 2.2, 4.1, 6.5, 7.11 Rural Fires Act 1997, s 100B State Environmental Planning Policy (Precincts – Western Parkland City) 2021, Appendix 1, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.98 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Texts Cited: Edmondson Park South Development Control Plan 2012 Liverpool Community Participation Plan 2019 Liverpool Development Control Plan 2008 NSW Rural Fire Service, Liverpool Bush Fire Prone Land Map Category: Principal judgment Parties: Raj & Jai Construction Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: M Staunton (Applicant) C Campbell (Solicitor) (Respondent)