UPG 224 Pty Ltd v Liverpool City Council [2023] NSWLEC 1466

Land and Environment Court New South Wales

Medium Neutral Citation: UPG 224 Pty Ltd v Liverpool City Council [2023] NSWLEC 1466 Hearing dates: Conciliation Conference on 7 August 2023 Date of orders: 18 August 2023 Decision date: 18 August 2023 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders that: (1) The appeal is upheld. (2) Deferred development consent is granted to Development Application No. DA-702/2022, as amended, for the Torrens title subdivision of land into 38 Residential lots and two E4 Environmental Living Superlots (giving 40 lots in total), construction of public roads and stormwater drainage on land legally described as Lot 805 and Lot 806 in DP 2475 and known as 200-210 Eleventh Avenue, Austral NSW 2179, subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPEAL – Torrens title subdivision – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Environmental Planning and Assessment Regulation 2021, s 38 Land and Environment Court Act 1979, s 34 Rural Fires Act 1997, s 100B State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sydney Region Growth Centres) 2006 State Environmental Planning Policy (Precincts—Western Parkland City) 2021, Appendix 4, ss 2.3, 4.1, 4.1AB, 4.1B, 6.1 Texts Cited: Liverpool City Council, Community Participation Plan, 2022 Category: Principal judgment Parties: UPG 224 Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: Dr J Smith (Applicant) C Morton (Solicitor)(Respondent)