Jubilee Estate Group Pty Ltd v Liverpool City Council [2024] NSWLEC 1420

Land and Environment Court New South Wales

Medium Neutral Citation: Jubilee Estate Group Pty Ltd v Liverpool City Council [2024] NSWLEC 1420 Hearing dates: 5 and 6 June 2024 Date of orders: 24 July 2024 Decision date: 24 July 2024 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application No DA-1186/2022, as amended, for the demolition of existing structures, removal of ten trees, and subdivision of land into 19 Torrens Title lots including one residue lot, and associated site works including earthworks, provision of infrastructure and the construction of internal roads is determined by the grant of development consent on land legally described as Lot 350 DP2475 also known as 225 Fifteenth Avenue, Austral, subject to the conditions at Annexure A. (3) The exhibits are returned with the exception of Exhibits 2, A-E, G, H, J-M and P which are retained. Catchwords: APPEAL – development application – land subdivision – neighbour objections Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, Div 4.8 Rural Fires Act 1997 Threatened Species Conservation Act 1995, Sch 7 Water Management Act 2000 State Environmental Planning Policy (Precincts – Western Parkland City) 2021, Appendix 4 , s 6.1 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4, s 4.6 State Environmental Planning Policy (Sydney Region Growth Centres) 2006 Cases Cited: New Century Developments Pty Limited v Baulkham Hills Shire Council (2003) 127 LGERA 303; [2003] NSWLEC 154 Texts Cited: Liverpool Growth Centre Precincts Development Control Plan 2021 Category: Principal judgment Parties: Jubilee Estate Group Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: C Ireland (Applicant) A Seton (Solicitor) (Respondent)