Low Cost Housing No 4 Pty Ltd v Liverpool City Council [2025] NSWLEC 1013

Land and Environment Court New South Wales

Medium Neutral Citation: Low Cost Housing No 4 Pty Ltd v Liverpool City Council [2025] NSWLEC 1013 Hearing dates: Conciliation conference on 12 December 2024 Date of orders: 15 January 2025 Decision date: 15 January 2025 Jurisdiction: Class 1 Before: Young AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application DA-799/2019 for the subdivision of an existing allotment into a Torrens Title subdivision of 39 residential lots, including demolition of existing structures and vegetation removal, site remediation, and construction of roads, and associated civil works over 3 stages, at 1 Kelly Street Austral, is determined by the grant of consent, subject to the conditions contained in Annexure A. Catchwords: DEVELOPMENT APPLICATION – subdivision of residential lots – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.46, 4.47, 8.7 Land and Environment Court Act 1979, s 34 Rural Fires Act 1997, s 100B Water Management Act 2000, s 91 Environmental Planning and Assessment Regulation 2021, Sch 6 s 3 Environmental Planning and Assessment Regulation 2000, ss 49, 55 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 9 s 9.5 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sydney Region Growth Centres) 2006 State Environmental Planning Policy (Precincts – Western Sydney Parklands) 2021, App 4 ss 2.3, 2.6, 2.7, 4.1, 4.1AB, 4.1B, 5.10, 6.1, 6.3 Texts Cited: Liverpool Community Participation Plan 2019 Category: Principal judgment Parties: Low Cost Housing No 4 Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: M Sonter (Applicant) D Loether (Respondent)