UPG 222 Pty Ltd v Liverpool City Council [2024] NSWLEC 1265

Land and Environment Court New South Wales

Medium Neutral Citation: UPG 222 Pty Ltd v Liverpool City Council [2024] NSWLEC 1265 Hearing dates: Conciliation conference on 18 April 2024 Date of orders: 22 May 2024 Decision date: 22 May 2024 Jurisdiction: Class 1 Before: Kullen AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to Development Application DA-73/2023 as amended for the proposed subdivision of land into 30 Torrens Title lots over 3 stages, including construction of public roads, tree removal and associated site works on land legally described as Lot 689 in DP2475 and known as 70 Thirteenth Avenue, Austral 2179 and Lot 688 in DP2475 and known as 80 Thirteenth Avenue, Austral 2179, subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPEAL – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.14, 4.15, 4.16, 4.46, 8.7, 10.3, Sch 1, s 7 Land and Environment Court Act 1979, s 34 Rural Fires Act 1997, s 100B Environmental Planning and Assessment Regulation 2021 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 6, Part 6.2, s 6.13 State Environmental Planning Policy (Precincts – Western Parkland City) 2021, Appendix 4, ss 2.2, 2.3, 2.6, 4.1AA, 4.1AB, 4.1B, 6.1 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48 Texts Cited: Liverpool Community Engagement Strategy 2022 Liverpool Growth Centres Development Control Plan 2021 NSW Rural Fire Service, Liverpool Bush Fire Prone Land Map Planning for Bush Fire Protection 2019 Category: Principal judgment Parties: UPG 222 Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: J Reid (Applicant) M Hawley (Solicitor) (Respondent)