The Globe Property Group Pty Ltd v Liverpool City Council [2024] NSWLEC 1830

Land and Environment Court New South Wales

Medium Neutral Citation: The Globe Property Group Pty Ltd v Liverpool City Council [2024] NSWLEC 1830 Hearing dates: Conciliation conferences on 4 October 2024 and 4 November 2024 Date of orders: 20 December 2024 Decision date: 20 December 2024 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders: (1) The appeal is upheld. (2) Development consent is granted to development application DA-985/2020, for the subdivision to create 119 Torrens title lots, with associated works including remediation, demolition of existing structures, civil infrastructure, landscape works and utilities servicing at premises known as 43, 45 and 47 Kelly Street, Austral subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPEAL – Torrens title subdivision – conciliation conference – agreement between the parties – orders Legislation Cited: Biodiversity Conservation Act 2016, Pt 7 Environmental Planning and Assessment Act 1979, ss 4.46, 8.7 Fisheries Management Act 1994, Pt 7 Land and Environment Court Act 1979, s 34 Roads Act 1993, s 18 Rural Fires Act 1997, s 100B Sydney Water Act 1994, s 78 Water Management Act 2000, s 91E Environmental Planning and Assessment Regulation 2000, cl 55 Environmental Planning and Assessment Regulation 2021 State Environmental Planning Policy (Precincts-Western Parkland City) 2021 State Environmental Planning Policy (Resilience and Hazards) 2021 State Environmental Planning Policy (Sydney Region Growth Centres) 2006, cll 2.6, 2.7, 4.1, 4.1AA, 4.1AB, 4.1B, 5.9, 6.1 State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 State Environmental Planning Policy 55 – Remediation of Land, cl 7 Sydney Regional Environmental Plan No 20—Hawkesbury-Nepean River Category: Principal judgment Parties: The Globe Property Group Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: V Conomos (Solicitor) (Applicant) J Garcia (Solicitor) (Respondent)