Austral Property Developers Pty Ltd v Liverpool City Council [2023] NSWLEC 1622

Land and Environment Court New South Wales

Medium Neutral Citation: Austral Property Developers Pty Ltd v Liverpool City Council [2023] NSWLEC 1622 Hearing dates: 10-11, 31 July 2023 Notice of Motion hearing dates 20, 22 September 2023 Date of orders: 20 October 2023 Decision date: 20 October 2023 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to DA-1025/2022 for the staged development of land at 48-50 Gurner Avenue, Austral including the staged demolition of existing structures and subdivision of land into 39 Torrens title lots, the construction of Weetjella Road and partial construction of Wargaldarra Road, the construction of 6 semi-detached dwellings and the retention of an existing dwelling and out building, subject to the conditions of consent at Annexure A. (3) Exhibits 2 and 6 are returned, the remaining exhibits are retained. Catchwords: APPEAL – development application – subdivision of land in multiple stages – contentions resolved by amendment to staging APPLICATION – notice of motion to reopen the hearing and rely on amended plans – reasons for dismissal Legislation Cited: Environmental Planning and Assessment Act 1979, Sch 1, ss 2.22, 4.47, 8.7 Environmental Planning and Assessment Regulation 2021, ss 23, 27, 38 Land and Environment Court Act 1979, s 39 Rural Fires Act 1997, s 100B State Environmental Planning Policy (Precincts—Western Parkland City) 2021, Appendix 4 ss 2.3, 2.6, 4.1, 4.1AA, 4.1AB, 4.1B, 4.6 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Cases Cited: Chao v Chao (No 2) [2008] NSWSC 612 Crowley v Hastings Municipal Council (1982) 4 APA 115 Goldsmith v Sandilands [2002] HCA 31; (2002) 190 ALR 370 Hawthorn Glen Pty Ltd v Aconex Pty Ltd (No 1) [2007] FCA 2010 Stafford Quarries Pty Ltd v Kempsey Shire Council (1992) 76 LGRA 52 Texts Cited: Liverpool Community Participation Plan Liverpool Growth Centre Development Control Plan 2021 Category: Principal judgment Parties: Austral Property Developers Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: C Gough (Solicitor) (Applicant) C Campbell (Solicitor) (Respondent)