The Square Ozland Pty Ltd v Liverpool City Council [2023] NSWLEC 1570

Land and Environment Court New South Wales

Medium Neutral Citation: The Square Ozland Pty Ltd v Liverpool City Council [2023] NSWLEC 1570 Hearing dates: Conciliation conference on 11 July and 8 September 2023. Date of orders: 29 September 2023 Decision date: 29 September 2023 Jurisdiction: Class 1 Before: Peatman AC Decision: The Court orders: (1) The Applicant is to pay the Respondent's costs thrown away as a result of the amendments to Development Application DA-1120/2021 pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed. (2) The appeal is upheld. (3) Development consent is granted to Development Application DA-1120/2021 for staged residential subdivision of 1 existing lot to create 23 Torrens title lots and 2 residue lots, integrated housing comprising construction of 9 attached dwellings and 4 semi-detached dwellings, demolition of existing dwellings, associated tree and vegetation removal, associated remediation and bulk earthworks, and associated civil works including construction of a temporary on-site detention basin, stormwater drainage, new roads and installation of services at 85 Thirteenth Avenue, Austral being the whole of the land in Lot 634 DP 2475, and with minor works on 75 Thirteenth Avenue, Austral being the whole of the land in Lot 6332 DP 1263964, subject to conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPLICATION – staged residential subdivision – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 4.17, 4.46, 4.47, 8.7, 8.11, 8.15 Environmental Planning and Assessment Regulation 2021, Sch 6, Pt 1, s 3 Environmental Planning and Assessment Regulation 2000, cl 55 Interpretation Act 1987, s 30A Land and Environment Court Act 1979, ss 17, 34 Rural Fires Act 1997, s 100B State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 9, ss 1.4, 9.4 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy No. 55 – Remediation of Land State Environmental Planning Policy (Precincts – Western Parkland City) 2021, s 1.4, Appendix 4, ss 1.2, 2.2, 2.6, 2.7, 4.1, 4.1AA, 4.1A, 4.1B, 4.3, 5.1, 5.10, 6.1 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 1.4, 4.6 State Environmental Planning Policy (Sydney Regional Growth Centres) 2006 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 1.4, Ch 2 State Environmental Planning Policy Amendment (Water Catchments) 2022, s 6.65 Sydney Regional Environmental Plan No 20—Hawkesbury-Nepean River (No 2—1997) Category: Principal judgment Parties: The Square Ozland Pty Ltd ABN 77649285236 (Applicant) Liverpool City Council ABN 84181182471 (Respondent) Representation: Counsel: M Sonter (Solicitor) (Applicant) S Simington (Solicitor) (Respondent)