UPG 254 Pty Ltd v Liverpool City Council [2023] NSWLEC 1484

Land and Environment Court New South Wales

Medium Neutral Citation: UPG 254 Pty Ltd v Liverpool City Council [2023] NSWLEC 1484 Hearing dates: Conciliation conference 21 August 2023 Date of orders: 25 August 2023 Decision date: 25 August 2023 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to Development Application No. DA-902/2022 for the subdivision of land into 43 residential lots and 3 residue lots over two-stages with tree removal, road construction and associated site works on land legally described as Lot 367 and Lot 368 in DP2475 and known as 415-425 Fifteenth Avenue, Austral NSW 2179, subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION – consent sought for land subdivision, tree removal, construction and dedication of public roads – amended plans – agreement between the parties – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.7, 8.15 Environmental Planning and Assessment Regulation 2021, s 37 Land and Environment Court Act 1979, s 34 Rural Fire Services Act 1997, s 100B State Environmental Planning Policy (Precincts – Western Parkland City) 2021, appendix 4, ss 2.6, 4.1AB, 4.1AA, 6.1 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021 Category: Principal judgment Parties: UPG 254 Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: J Reid (Applicant) C Campbell (Solicitor) (Respondent)