DDS Group Investments Pty Ltd v Liverpool City Council [2024] NSWLEC 1674

Land and Environment Court New South Wales

Medium Neutral Citation: DDS Group Investments Pty Ltd v Liverpool City Council [2024] NSWLEC 1674 Hearing dates: Conciliation conference on 14 August 2024, 2 September 2024,11 September 2024 and 18 September 2024 Date of orders: 24 October 2024 Decision date: 24 October 2024 Jurisdiction: Class 1 Before: Coetzee AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted for Development Application 779/2022 for Torrens title subdivision to create 28 residential lots across two stages with associated civil works including tree removal, earthworks, stormwater management works, utility services, installation and construction of roads and demolition in relation to Lots 628 and 548 in DP2475, being 27 Thirteenth Avenue and 50 Fourteenth Avenue, Austral subject to the conditions set out in Annexure 'A' Catchwords: Development Application – Torrens title subdivision – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, Pt 4 Land and Environment Court Act 1979, s 34 Roads Act 1993, ss 7, 138 Rural Fires Act 1997, s 100B Environmental Planning and Assessment Regulation 2021, ss 37, 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 2.6, Pt 6.6, s 6.65, Ch 9, ss 9.4, 9.5 State Environmental Planning Policy (Precincts – Western Parkland City) 2021, Appendix 4, ss 1.8, 2.3, 2.6, 2.7, 4.1AA, 4.1AB, 5.9, 5.10, 6.1, Pt 2 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Sch 3 Texts Cited: Liverpool Community Engagement Strategy and Community Participation Plan 2022 Sydney Region Growth Centres 2006 Biodiversity Certification Order Category: Principal judgment Parties: DDS Group Investments Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: G McKee (Solicitor) (Applicant) J Garcia (Solicitor) (Respondent)