Kim v Liverpool City Council [2024] NSWLEC 1268

Land and Environment Court New South Wales

Medium Neutral Citation: Kim v Liverpool City Council [2024] NSWLEC 1268 Hearing dates: Conciliation conference 12 February, 22, 29, 30 April, 3 May 2024 Date of orders: 22 May 2024 Decision date: 22 May 2024 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The Applicant's are granted leave to rely on an amended Class 1 Application correcting the name of the Second Applicant, Chung Eun Kim. (2) The appeal is upheld. (3) Development consent is granted to Development Application No DA-719/2021 (as amended), lodged with the Respondent on 28 June 2021, for the demolition of existing structures, site remediation, Torrens title subdivision of the existing allotment into 24 residential lots and 1 residue lot, and construction of roads and associated civil works on the land legally described as lot 769 DP2475 and known as 110 Twelfth Avenue, Austral NSW, subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – land subdivision – conciliation conference – amendment to development application and provision of additional information – agreement between the parties – orders made. Legislation Cited: Biodiversity Conservation Act 2016, Pt 8 Environmental Planning and Assessment Act 1979, ss 4.14, 4.15, 8.7, 10.3 Interpretation Act 1987, s 30A Land and Environment Court Act 1979, s 34 Rural Fires Act 1997, s 100B Environmental Planning and Assessment Regulation 2000, cll 23, 55 Environmental Planning and Assessment Regulation 2021, Sch 6, s 3 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 1.4, 2.6, 6.65, Ch 9, Pt 9.2, ss 9.3, 9.4 State Environmental Planning Policy No 55 – Remediation of Land State Environmental Planning Policy (Precincts - Western Parkland City) 2021, ss 1.4, 3.9 Appendix 4, ss 2.6, 2.7, 4.1, 4.1AA, 4.1AB, 4.1B, 5.1, 5.9, 5.10, 6.1 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4, s 4.6 State Environmental Planning Policy (Sydney Region Growth Centre) 2006 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.77 Sydney Regional Environmental Plan No 20 - Hawkesbury-Nepean River Texts Cited: Liverpool City Council Grown Centres Precinct Development Control Plan 2021 NSW Rural Fire Service, Planning for Bush Fire Protection, December 2019 Category: Principal judgment Parties: Young Min Kim (First Applicant) Chung Eun Kim (Second Applicant) Young Hwa Lee (Third Applicant) Chong Rae Lee (Fourth Applicant) Liverpool City Council (Respondent) Representation: Counsel: C Parsons (Solicitor) (Applicants) S Hainke (Solicitor) (Respondent)