Austral Property Holdings Pty Ltd v Liverpool City Council [2025] NSWLEC 1064

Land and Environment Court New South Wales

Medium Neutral Citation: Austral Property Holdings Pty Ltd v Liverpool City Council [2025] NSWLEC 1064 Hearing dates: Conciliation conference on 18 November 2024 Date of orders: 07 February 2025 Decision date: 07 February 2025 Jurisdiction: Class 1 Before: Kullen AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to Development Application DA-519/2019, as amended, for demolition of existing structures, dam dewatering, subdivision of the existing allotment and construction of roads, and associated civil works at 181 Gurner Avenue, Austral 2179, legally known as Lot 3 DP233174, subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPEAL – conciliation conference – agreement between the parties – orders Legislation Cited: Biodiversity Conservation Act 2016 Environmental Planning and Assessment Act 1979, ss 4.14, 4.15, 4.16, 4.17, 4.46, 8.7, Sch 1, Div 2, s 7 Land and Environment Court Act 1979, s 34 Rural Fires Act 1997, s 100B Environmental Planning and Assessment Regulation 2000, cl 55 State Environmental Planning Policy (Biodiversity and Conservation) 2021, s 6.65, Chs 6, 9 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sydney Region Growth Area) 2006, Appendix 8, ss 2.2, 2.3, 2.6, 2,7, 4.1AB, 4.1B, 6.1 State Environmental Planning Policy Amendment (Water Catchments) 2022 Cases Cited: CK Design v Penrith City Council (No 2) [2022] NSWLEC 97 Texts Cited: Liverpool Growth Centres Development Control Plan 2021 NSW Rural Fire Service, Liverpool Bush Fire Prone Land Map NSW Rural Fire Service, Planning for Bush Fire Protection, 2019 Category: Principal judgment Parties: Austral Property Holdings Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: C Gough (Solicitor) (Applicant) M Harker (Respondent)