Universal Property Group Pty Ltd v Liverpool City Council [2024] NSWLEC 1007

Land and Environment Court New South Wales

Medium Neutral Citation: Universal Property Group Pty Ltd v Liverpool City Council [2024] NSWLEC 1007 Hearing dates: Conciliation conference on 20 December 2023 Date of orders: 16 January 2024 Decision date: 16 January 2024 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders: (1) The applicant is directed to file the amended development application the subject of order 4 below within seven days of the date of this order. (2) The appeal is upheld. (3) The applicant's written Clause 4.6 variation request dated December 2023 to vary clause 4.3 of Appendix 4 of the State Environmental Planning Policy (Precincts – Western Parkland City) 2021 is upheld. (4) Development Application No DA-914/2022, as amended, for the demolition of all existing structures, tree removal and construction of two x three-storey residential flat buildings comprising 57 units and associated basement parking including landscaping and associated site works on land legally described as Lot 71 in DP 627424 and known as 216 Edmondson Avenue, Austral NSW 2179, is determined by the grant of development consent subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION – residential flat buildings – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 4.41, 8.7, 10.3 Environmental Planning and Assessment Regulation 2021, ss 29, 38 Land and Environment Court Act 1979, s 34 Rural Fires Act 1997, s 100B State Environmental Planning Policy (Biodiversity and Conservation) 2021, s 6.65, Ch 9 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing) 2021, Sch 7A State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development, cl 28, 30 State Environmental Planning Policy (Precincts – Western Parkland City) 2021, Appendix 4, ss 2.3, 4.1AB, 4.1B, 4.3, 4.6, 6.1 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure 2021, ss 2.48, 2.119 Texts Cited: Apartment Design Guide Category: Principal judgment Parties: Universal Property Group Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: J Reid (Applicant) C Campbell (Solicitor) (Respondent)