UPG 301 Pty Ltd v Liverpool City Council [2023] NSWLEC 1791

Land and Environment Court New South Wales

Medium Neutral Citation: UPG 301 Pty Ltd v Liverpool City Council [2023] NSWLEC 1791 Hearing dates: Conciliation conference on 22 August 2023 Date of orders: 22 December 2023 Decision date: 22 December 2023 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld. (2) The Applicant is to pay the Respondents costs thrown away as a result of the amendments pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed. (3) Development consent is granted to Development Application No. DA-89/2023, as amended, for the subdivision of land creating 37 Torrens Title lots including construction and dedication of public roads, tree removal and stormwater drainage works on land legally described as Lot 104 in DP 1049203 and Lot 106 in DP 1050119, also known as 139-149 Cowpasture Road, Carnes Hill NSW 2171, subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION – Torrens title subdivision – conciliation conference – amended plans and material – agreement reached – orders made. Legislation Cited: Biodiversity Conversation Act 2016 s 7.2, 7.3, 7.4 Environmental Planning and Assessment Act 1979 s 4.15, 8.7 Environmental Planning and Assessment Regulation 2021 s 38 Land and Environment Court Act 1979 s 34 Pursuant to State Environmental Planning Policy (Transport and Infrastructure) 2021 s 2.119, 2.120 Roads Act 1993 s 138 Rural Fire Services Act 1997 s 100B State Environmental Planning Policy (Biodiversity and Conservation) 2021 s 2.6, 2.8 State Environmental Planning Policy (Resilience and Hazards) s 4.6 Water Management Act 2000 s 91 Texts Cited: Liverpool Development Control Plan 2008 The Liverpool Local Environmental Plan 2008 cll 4.1, 5.21, 7.31 Category: Principal judgment Parties: UPG 301 Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: M Staunton (Applicant) D Loether, solicitor (Respondent)