Hastie v Liverpool City Council [2020] NSWLEC 1250

Land and Environment Court New South Wales

Medium Neutral Citation: Hastie v Liverpool City Council [2020] NSWLEC 1250 Hearing dates: 1 June 2020 Date of orders: 05 June 2020 Decision date: 05 June 2020 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application No. DA-541/2016 for the demolition of existing dwelling, inground concrete swimming pool and detached secondary dwelling, and construction of a childcare centre for 60 children with basement car park to operate from Monday to Friday 7am to 7pm and 30 children Saturdays 8am to 4.30pm is approved, subject to the conditions set out in Annexure A. (3) The exhibits, apart from Exhibits C, D, E and F, are returned. Catchwords: DEVELOPMENT APPLICATION – childcare centre– traffic impacts – upgrade of a "T" intersection to a roundabout – upgrade not part of the development application – applicants' original offer of a voluntary planning agreement ("VPA") rejected by Council – conditions relating to VPA should be excluded from the conditions of consent Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Liverpool Local Environmental Plan 2008 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 Texts Cited: Child Care Planning Guideline Liverpool Development Control Plan 2008 Category: Principal judgment Parties: Andrew Hastie (First Applicant) Patricia Hastie (Second Applicant) Liverpool City Council (Respondent) Representation: Counsel: R Lancaster SC with N Eastman (Applicants) R O'Gorman-Hughes (Respondent)