KRV Investments Pty Ltd v Liverpool City Council [2023] NSWLEC 1436

Land and Environment Court New South Wales

Medium Neutral Citation: KRV Investments Pty Ltd v Liverpool City Council [2023] NSWLEC 1436 Hearing dates: Conciliation conference 28 July 2023 Date of orders: 10 August 2023 Decision date: 10 August 2023 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant's written request dated 10 July 2023 (as amended) to vary clause 4.1(3) of Liverpool's Local Environmental Plan 2008 is upheld. (2) The Appeal is upheld. (3) Development consent is granted to Development Application No. DA-1122/2021, as amended, for the subdivision of land into 3 Torrens Title lots, demolition of existing structures, tree removal, construction of public roads, stormwater drainage and other associated civil works on land legally described as Lot 20 in DP1228502 and known as 225 Croatia Avenue, Edmondson Park, NSW, 2174, subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION – subdivision of land – conciliation conference – agreement between 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 Liverpool Local Environmental Plan 2008, cll 4.1, 4.6, 7.11, 7.31 Rural Fires Act 1997, s 100B State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48 Texts Cited: Liverpool Community Participation Plan 2022 Category: Principal judgment Parties: KRV Investments Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: E Fleming (Solicitor) (Applicant) C Campbell (Solicitor) (Respondent)