J&R Developers Pty Ltd v Liverpool City Council [2026] NSWLEC 1591
Before: Targett C · NSW Land and Environment Court
Summary
APPEAL – Development application - conciliation conference – agreement between the parties - orders
Catchwords
APPEAL – Development application - conciliation conference – agreement between the parties - orders
Outcome
The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to Development Application No. DA-459/2023 (as amended) for the subdivision of an existing lot into three Torrens title lots over two stages, including vegetation removal, construction of roads and associated civil works on the land legally described as Lot 878 in DP 2475, known as 45 Ninth Avenue, Austral NSW and Lot 877 in DP 2475, known as 35 Ninth Avenue, Austral NSW, subject to the conditions set out in Annexure A. (3) The Applicant is to pay the Respondent’s costs thrown away as a result of the amendment to the development application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW) in an amount as agreed or assessed
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 8.7, 8.10 Land and Environment Court Act 1979 (NSW), ss 17, 34 Environmental Planning and Assessment Regulation 2021 (NSW), s 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6 Pt 6.2 Divs 2, 3 State Environmental Planning Policy (Precincts – Western Parkland City) 2021, Appendix 4 s 4.1AB, 4.1AC, 4.1AD, 4.1AF, 4.1B, 4.3, 5.9, 6.1 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022
Read the full judgment
Authoritative text on NSW Caselaw · ~28k words
Related decisions
Wellness 1 Pty Ltd v Liverpool City Council [2026] NSWLEC 1379
Liverpool City Council · 25 June 2026
Pivotal Planning Pty Ltd v Wingecarribee Shire Council [2026] NSWLEC 1614
Wingecarribee Shire Council · 31 August 2026
Henry Fraser Pty Ltd v Northern Beaches Council [2026] NSWLEC 1382
Northern Beaches Council · 30 June 2026
132Cordeaux Pty Ltd v Wollongong City Council [2026] NSWLEC 1394
Wollongong City Council · 30 June 2026
Thiyagalingam v Inner West Council [2026] NSWLEC 1393
Inner West Council · 30 June 2026
Encore Australia Management Pty Ltd v Georges River Council [2026] NSWLEC 1396
Georges River Council · 30 June 2026