Mantino Pty Ltd v Liverpool City Council [2023] NSWLEC 1514

Land and Environment Court New South Wales

Medium Neutral Citation: Mantino Pty Ltd v Liverpool City Council [2023] NSWLEC 1514 Hearing dates: Conciliation conference on 26 June 2023, 11 July 2023, 21 July 2023 Date of orders: 12 September 2023 Decision date: 12 September 2023 Jurisdiction: Class 1 Before: Peatman AC Decision: The Court orders: (1) The appeal is upheld. (2) Modification Application DA-392/2022/A is approved in accordance with Plan of Proposed Subdivision by North Western Surveys, Plan 1 of 5 dated 11 May 2022, to modify the existing conditions in development consent DA-392/2020 including reduced earthworks and removal of works from non-bio certified areas, adjustments to the collector road and amendments to the lot numbering and staging configuration at 10 Ninth Avenue, Austral, being the whole of the land in Lot 915 Deposited Plan 2475 subject to the conditions of consent in Annexure A. Catchwords: MODIFICATION APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.17, 4.55, 8.7 Environmental Planning and Assessment Regulation 2021, s 113, Sch 6 Pt 1, s 3 Land and Environment Court Act 1979 ss 17, 34 Rural Fires Act 1997, s 100B State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2, s 2.3 State Environmental Planning Policy (Precincts – Western Sydney Parklands) 2021, Appendix 4, ss 1.2, 2.2, 2.6, 2.7, 5.9, 5.10, 6.1 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 4.6 Cases Cited: Arrage v Inner West Council [2019] NSWLEC 85 Texts Cited: Liverpool City Council Community Participation Plan 2019 Category: Principal judgment Parties: Mantino Pty Ltd (Applicant) Liverpool City Council(Respondent) Representation: Counsel: M Sonter (Solicitor) (Applicant) C Campbell (Solicitor) (Respondent)