Isaac Property Developments Austral Pty Limited v Liverpool City Council [2023] NSWLEC 1576

Land and Environment Court New South Wales

Medium Neutral Citation: Isaac Property Developments Austral Pty Limited v Liverpool City Council [2023] NSWLEC 1576 Hearing dates: Conciliation conference on 15 September 2023 Date of orders: 03 October 2023 Decision date: 03 October 2023 Jurisdiction: Class 1 Before: Bradbury AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to Development Application No DA-1184/2021 for demolition of existing structures including site clearing and tree removal, construction and use of a pub with at grade and basement car parking, removal of two existing driveway crossovers and construction of a new temporary vehicular access from Edmondson Avenue, and associated footpaths, landscaping, drainage works, earthworks and business identification signage on the land described as Lot 3 DP 1203670 (known as 352 Bringelly Road) and Lot 1 DP 1211652 (known as 362 Bringelly Road) only, and removal of an existing tree on Lot 1140 DP 2475 (known as 130 Fifth Avenue, Austral NSW) only, subject to the conditions set out in Annexure A. Catchwords: APPEAL – development application – pub – conciliation conference – agreement reached – orders made Legislation Cited: Contaminated Land Management Act 1997 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.46, 8.7, 8.10, 8.11 Environmental Planning and Assessment Regulation 2000, cll 49, 55, 92 Environmental Planning and Assessment Regulation 2021, Sch 6, Pt 1, s 3 Interpretation Act 1987, s 30A Land and Environment Court Act 1979, ss 34, 64 Protection of the Environment Operations (Waste) Regulation 2014, cll 91, 92 Roads Act 1993, s 138 State Environmental Planning Policy (Industry and Employment) 2021, s 3.7, Pt 3.3, s 3.15 State Environmental Planning Policy (Infrastructure) 2007, cl 101 State Environmental Planning Policy (Precincts – Western Parkland City) 2021, s 1.4, Appendix 4 ss 2.7, 4.3, 4.4, 5.9, 5.10, 6.1, 6.2, 6.3 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sydney Region Growth Centres) 2006, cl 6C State Environmental Planning Policy (Sydney Region Growth Centres) Amendment (Savings) 2022 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.119, Sch 3 s 2.122 Category: Principal judgment Parties: Isaac Property Developments Austral Pty Limited (Applicant) Liverpool City Council (First Respondent) Transport for NSW (Second Respondent) Representation: Counsel: A Pickles SC (Applicant) C Campbell (Solicitor) (First Respondent) A Hemmings (Second Respondent)