Clearstate Development Co Pty Ltd v Liverpool City Council [2018] NSWLEC 1279

Land and Environment Court New South Wales

Medium Neutral Citation: Clearstate Development Co Pty Ltd v Liverpool City Council [2018] NSWLEC 1279 Hearing dates: 7, 8, 9 March 2018 and written submissions on 13 March 2018 Date of orders: 13 June 2018 Decision date: 13 June 2018 Jurisdiction: Class 1 Before: Dixon SC Decision: The final orders of the Court are: (1) Appeal upheld. (2) A subdivision certificate for 150 Tenth Avenue, Austral NSW 2179 (Lot 885 DP 2475 and Lot 860 DP 2475) pursuant to Development Consent no DA 1205/2015 dated 21 June 2016 is issued under Part 4 A Division 1 of the Environmental Planning and Assessment Act 1979. (3) The Respondent is directed to sign a subdivision certificate in relation to the Applicant's subdivision plan and the accompanying s88B instrument, and provide these documents to the Applicant within 1 business day. (4) The Exhibits are returned apart from D, G, 7 and 8. Catchwords: APPEAL: Subdivision certificate – Construction and interpretation of development consent Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act State Environmental Planning Policy (Sydney Region Growth Centre) 2006 Sydney Water Act 1994 Cases Cited: Auburn Municipal Council v Szabo (1971) 67 LGRA 427 Gibson v Mosman MC (2001) 1114 LGERA 416 Howarth v Gosford City Council (No 2) (2014) 204 LGERA 425 Kindimindi Investments Pty Ltd v Lane Cove Council (2006) 143 LGERA 277 Lake Macquarie City Council v Australian native Landscapes Pty Ltd (No 1) [2015] NSWLEC 114 Mison v Randwick Municipal Council (1991) 23 NSWLR 734 Ryde Municipal Council v Royal Ryde Homes (1970) 19 LGRA 321 Scott v Wollongong City Council (1992) 75 LGRA 112 Transport Action Group Against Motorways Inc v Roads and Traffic Authority (NSW) (1999) 46 NSWLR 598 Westfield Management limited v Perpetual Trustee Company limited [2006] NSWCA 245 Category: Principal judgment Parties: Clearstate Development Co Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: T To (Applicant) M Wright, SC (Respondent)