Morfosis Architects Pty Ltd v Liverpool City Council [2020] NSWLEC 1435

Land and Environment Court New South Wales

Medium Neutral Citation: Morfosis Architects Pty Ltd v Liverpool City Council [2020] NSWLEC 1435 Hearing dates: Conciliation conference on 12 August 2020 Date of orders: 18 September 2020 Decision date: 18 September 2020 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The Applicant is granted leave to amend the development application and rely upon the following plans in the proceedings referred to at condition 1 in Annexure A. (2) The appeal is upheld. (3) Development application DA-488/2019 seeking the demolition of existing structures, removal of trees and construction of a 3-5 storey residential flat building development with basement car parking and associated landscaping is approved subject to the conditions in Annexure A. Catchwords: APPEAL – development application – residential flat building – breach of height development standard – conciliation conference – agreement reached Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Liverpool Local Environmental Plan 2008 State Environmental Planning Policy No 55 – Remediation of Land Category: Principal judgment Parties: Morfosis Architects Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: V Conomos (Solicitor) (Applicant) R O'Gorman-Hughes (Respondent)