JG Development Pty Ltd c/o RPS Australia East Pty Ltd v Liverpool City Council [2019] NSWLEC 1325

Land and Environment Court New South Wales

Medium Neutral Citation: JG Development Pty Ltd c/o RPS Australia East Pty Ltd v Liverpool City Council [2019] NSWLEC 1325 Hearing dates: Conciliation Conference 5 July 2019 Date of orders: 10 July 2019 Decision date: 10 July 2019 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: 1) Leave is granted to the Applicant to rely on the following amended or additional plans and documents: a) Master Plan ref no. PR136019-DA-Rev C Sheet 1 of 3 dated 28 November 2018 prepared by RPS Australia East Pty Ltd filed on 10 December 2018; b) Zero Lot Line Compliance Plan ref no. ref no. PR136019-DA-Rev C Sheet 2 of 3 dated 28 November 2018 prepared by RPS Australia East Pty Ltd filed on 10 December 2018; c) Building Envelopes ref no. PR136019-DA-Rev C Sheet 3 of 3 dated 28 November 2018 prepared by RPS Australia East Pty Ltd filed on 10 December 2018; d) Landscaping and Parking Plan ref no. PR136019-DA-Rev C dated 28 November 2018 prepared by RPS Australia East Pty Ltd filed on 10 December 2018; e) Shadow diagrams ref no. 17-0725 Issue B sheets 1 to 7 of 7 dated 29 November 2018 prepared by Design Concepts Sydney filed on 10 December 2018; f) Lot and Drainage Design ref no. 17-34-DA Rev 04 plans numbered 00, 01, 02, 03, 04, 05, 06, 07, 10, 20, 30, 40 (catchment plan (interim)), 40 (catchment plan (ultimate)), 41, 42 and 51 dated 4 February 2019 prepared by Orion Consulting Engineers; and g) Aboriginal Cultural Heritage Assessment Report prepared by AECOM Australia Pty Ltd dated 1 May 2018 filed on 10 December 2018. 2) The appeal is upheld. 3) Development application No. DA-859/2017, for subdivision of Lot 1060 DP 2475 known as 300 Sixth Avenue Austral into 29 Torrens title lots, construction of new road, services, drainage and earthworks and demolition of all existing structures and trees, is approved in accordance with the conditions set out in Annexure A. Catchwords: DEVELOPMENT APPLICATION – Torrens Title residential subdivision – conciliation conference – agreement between parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Sydney Region Growth Centres) 2006 State Environmental Planning Policy No 55—Remediation of Land Sydney Water Act 1994 Category: Principal judgment Parties: J G Development Pty Ltd c/o RPS Sydney East Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Solicitors: J Hughes, Beatty Legal (Applicant) C Dury, Sparke Helmore Lawyers (Respondent) File Number(s): 2018/178157 Publication restriction: No