AK Developments NSW Pty Ltd v Liverpool City Council [2024] NSWLEC 1624

Land and Environment Court New South Wales

Medium Neutral Citation: AK Developments NSW Pty Ltd v Liverpool City Council [2024] NSWLEC 1624 Hearing dates: Conciliation conference on 4 October 2024 Date of orders: 04 October 2024 Decision date: 04 October 2024 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The appeal is upheld. (2) Development application RD-32/2023 for the subdivision of land creating fifteen (15) Torrens title lots, construction of three (3) dual occupancies and fifteen (15) attached dwellings and associated site works at 29 and 31 Auger Street and 17, 22 and 24 Apiary Street, Austral, NSW 2179 is determined by the grant of consent subject to conditions contained in Annexure 'A'. Catchwords: APPEAL – development application – subdivision of land creating 15 Torrens title lots, construction of three dual occupancies and 15 attached dwellings and associated site works – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.47, 8.7; Pt 4, Div 4.8 Land and Environment Court Act 1979, s 34 Rural Fires Act 1997, s 100B State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2 State Environmental Planning Policy (Building Sustainability Index) 2004 State Environmental Planning Policy (Precincts – Western Parkland City) 2021, Appendix 4, ss 1.3, 2.1, 2.3, 2.6, 4.1, 4.1B, 4.1AB, 4.1AF, 4.3, 4.4, 5.10, 6.1 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, s 4.2 Category: Principal judgment Parties: AK Developments NSW Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: M Bawden (Solicitor) (Applicant) A Jucha (Respondent)