MH Affordable Homes on Kelly Pty Ltd v Liverpool City Council [2024] NSWLEC 1275

Land and Environment Court New South Wales

Medium Neutral Citation: MH Affordable Homes on Kelly Pty Ltd v Liverpool City Council [2024] NSWLEC 1275 Hearing dates: Conciliation conference on 3 May 2024 Date of orders: 28 May 2024 Decision date: 28 May 2024 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The Applicant is granted leave to amend the development application 1483/2021 to rely on the documents specified in Annexure A. (2) The appeal is upheld. (3) Consent is granted to development application 1483/2021 for the demolition of existing structures, trees and vegetation and staged subdivision of Lot 9 DP 2756, being 95 Boyd Street, Austral into 84 Torrens title lots, with associated road, civil and stormwater works, subject to the conditions contained in Annexure B. Catchwords: DEVELOPMENT APPLICATION – demolition and subdivision – amended plans and additional information – agreement between the parties – orders made. Legislation Cited: Biodiversity Conservation Act 2016, Part 8 Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Environmental Planning and Assessment Regulation 2000, cl 49 State Environmental Planning Policy (Biodiversity and Conservation) 2021 State Environmental Planning Policy (Precincts – Western Parkland City) 2021, Appendix 4 cl 2.6, 4.1, 4.1AB, 5.10, 6.1 State Environmental Planning Policy (Resilience and Hazards) 2021, 4.6 Texts Cited: Liverpool City Council Grown Centres Precinct Development Control Plan 2021 Category: Principal judgment Parties: MH Affordable Homes on Kelly Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: M Harker (Applicant) A Jucha (Respondent)