UPG 156 Pty Ltd v Liverpool City Council [2023] NSWLEC 1597

Land and Environment Court New South Wales

Medium Neutral Citation: UPG 156 Pty Ltd v Liverpool City Council [2023] NSWLEC 1597 Hearing dates: Conciliation Conference on 8 September 2023 Date of orders: 12 October 2023 Decision date: 12 October 2023 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The Applicant's written s 4.6 request dated 8 September 2023 to vary s 4.1B of the State Environmental Planning Policy (Precincts-Western Parkland City) 2021 is upheld. (2) The appeal is upheld. (3) Development consent is granted to Development Application No. DA-1004/2022, as amended, for the staged subdivision of land into 99 Torrens Title Lots, including 96 Torrens Title residential lots, 1 x SP2 zoned lot, 2 x superlots over two stages, including construction of public roads, demolition of existing structures, tree removal and stormwater drainage works on land legally described as Lot 1149, Lot 1150 and Lot 1151 in DP 2475 and Lot 53 and Lot 54 in DP1204512, also known as 250-260 Bringelly Road, 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, s 4.16, 8.7, 10.3 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 (Precincts—Western Parkland City) 2021, Appendix 4, ss 2.6, 4.1AA, 4.1AB, 4.1B, 4.6, 6.1 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4, s 4.6 Texts Cited: Liverpool City Council, Community Participation Plan, 2022 Category: Principal judgment Parties: UPG 156 Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: E Fleming (Solicitor) (Applicant) C Campbell (Respondent)